Practice Relating to Rule 100. Fair Trial Guarantees
Section K. Public proceedings
Viet Nam’s Ordinance on Organization of the Military Courts (2002) states:
The military courts shall conduct trials publicly, except for cases of necessity to conduct trials behind closed doors to protect State secrets, military secrets, fine traditions and customs of the nation or to keep secrets of the involved parties at their legitimate requests.
Viet Nam’s Criminal Procedure Code (2003) states: “Courts shall conduct trials in public; everybody shall have the right to attend such trials, unless otherwise prescribed by this Code.”
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 25. Timely, just and public trial
A Court tries publicly and every person is entitled to attend the trial, unless otherwise stated in this Law. For special cases involved in state secrets, national traditions, protection of persons aged below 18 or personal privacy as per litigants’ rational requests, a Court may try in closed session but must pronounce its judgments publicly.