Practice Relating to Rule 100. Fair Trial Guarantees
Section B. Trial by an independent, impartial and regularly constituted court
Viet Nam’s Judicature Law (2001) states: “In the exercise of judicial power, judges and people’s assessors are independent and subject only to the law.”
Viet Nam’s Ordinance on Organization of the Military Courts (2002) states: “When conducting trials, judges and army men’s jurors are independent and only abide by laws.”
Viet Nam’s Criminal Procedure Code (2003) states: “During trial, judges and jurors are independent and abide by the law only.”
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 23. Independence of Judge and Jury and sole compliance [with] the laws
Judge and Jury adjudicate independently and comply solely with the laws. Authorities and entities are forbidden to interfere [with] the adjudication by Judge and Jury.
Authorities and entities interfering [with] the adjudication by Judge and Jury in any manner shall be disciplined, face administrative fines or criminal charges, by nature and level of their violations, according to the laws.