Practice Relating to Rule 100. Fair Trial Guarantees
Section H. Assistance of an interpreter
Viet Nam’s Criminal Procedure Code (2003) states:
Spoken and written language used in the criminal procedure is Vietnamese. Participants in the criminal procedure may use spoken and written languages of their own nationalities; in this case, interpreters shall be required.
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 29. Spoken and written language for criminal procedure
Vietnamese is the spoken and written language for criminal procedure. Participants in proceedings are permitted to speak and write in their native languages, in the mandatory presence of a translator.
Article 60. Suspects
1. Suspects are physical persons or juridical persons facing criminal charges. The rights and duties of juridical persons as suspects are executed by their legal representatives according to this Law.
2. Suspects are entitled to:
g) Requisition expert examinations, valuation[s]; change[s] of authorized procedural persons, expert witnesses, valuators, interpreters and translators;
Article 61. Defendants
1. Defendants are physical persons or juridical persons tried as per a Court’s decision. The rights and duties of defendants as suspects are executed by their legal representatives according to this Law.
2. Defendants are entitled to:
d) Petition for … interpreters, translators …
Article 263. Interpretation in a Courtroom
1. If a defendant, crime victim, litigant or witness testifier does not speak Vietnamese or suffers from mutism or deafness, an interpreter shall explicate presentations, questions and answers in court, the Trial panel’s rulings and relevant matters for them to perceive.
2. The interpreter must translate presentations, questions and answers made by individuals as defined in Section 1 of this Article into Vietnamese for the Trial panel and other attendees in court to grasp.