Norma relacionada
Viet Nam
Practice Relating to Rule 100. Fair Trial Guarantees
Viet Nam’s Criminal Code (2015), which includes war crimes, states:
Article 3. Rules for punishing crimes
1. With regard to criminals:
a) Every crime committed by a person must be discovered promptly and dealt with quickly and fairly in compliance with law;
b) All criminals are equal before the law regardless of gender, ethnicity, belief, religion, social class, or social status[.] 
Viet Nam, Criminal Code, 2015, Article 3(1)(a)–(b).
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 15. Determination of facts in a lawsuit
Competent procedural authorities, within their duties and authority, must use legitimate measures to determine the facts of a lawsuit in unbiased, thorough and complete ways, to clarify the evidence[] of guilt and innocence, aggravation and mitigation of criminal liabilities of the accused person.
Article 25. Timely, just and public trial
A Court holds trials in [a] timely manner by the regulated deadline and upholds fairness. 
Viet Nam, Criminal Procedure Code, 2015, Articles 15 and 25.
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, Judicature Law, 2001, § 5.
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, Ordinance on Organization of the Military Courts, 2002, § 8.
Viet Nam’s Criminal Procedure Code (2003) states: “During trial, judges and jurors are independent and abide by the law only.” 
Viet Nam, Criminal Procedure Code, 2003, § 16.
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. 
Viet Nam, Criminal Procedure Code, 2015, Article 23.
Viet Nam’s Criminal Procedure Code (2003) states: “No person shall be considered guilty until a court judgment on his/her criminality takes legal effect.” 
Viet Nam, Criminal Procedure Code, 2003, § 9.
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 13. Presumption of innocence
A[n] accused person is deemed innocent until his guilt is evidenced according to the procedures and formalities as defined in this Law and a Court passes a valid conviction.
If grounds for conviction, as per the procedures and formalities in this Law, do not suffice, competent procedural authorities and persons shall adjudge the accused person to be not guilty.
Article 15. Determination of facts in a lawsuit
Competent procedural authorities are held liable for proving guilt. A[n] accused person is entitled to but is not obliged to prove his innocence.
Competent procedural authorities, within their duties and authority, must use legitimate measures to determine the facts of a lawsuit in unbiased, thorough and complete ways, to clarify the evidence[] of guilt and innocence, aggravation and mitigation of criminal liabilities of the accused person. 
Viet Nam, Criminal Procedure Code, 2015, Articles 13 and 15.
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
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:
a) Be informed of [the] reasons for [the] charges against them[.] 
Viet Nam, Criminal Procedure Code, 2015, Article 60(1)–(2)(a).
Viet Nam’s Judicature Law (2001) states: “Any individual has the right to defend themselves in court.” 
Viet Nam, Judicature Law, 2001, § 9.
Viet Nam’s Ordinance on Organization of the Military Courts (2002) states: “The military courts [shall] ensure the right to defence of defendants.” 
Viet Nam, Ordinance on Organization of the Military Courts, 2002, § 12.
Viet Nam’s Criminal Procedure Code (2003) states: “[A]ccused and defendants shall have the right to defend themselves or ask other persons to defend them.” 
Viet Nam, Criminal Procedure Code, 2003, § 11; see also § 50.2(f).
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 16. Guarantee of right of defense for accused persons and protection of legal rights and benefits of defendants and litigants
A[n] accused person is entitled to defend himself or be defended by a lawyer or another person.
Competent procedural authorities and persons are responsible for informing accused persons, defendants and litigants of all of their rights of defense, legitimate rights and benefits according to this Law. Moreover, competent procedural authorities and persons shall provide explanations and guarantee the implementation of all of such rights and benefits.
Article 26. Assurance of oral arguments in [the] adjudication process
During the charges, investigation, prosecution [and] adjudication, investigators, prosecutors, persons authorized to institute proceedings, defendants, defense counsels and other persons participating in proceedings are equally entitled to present and evaluate evidence[] and make requests for clarification of objective truths of the lawsuit.
Documents and evidence[] from the case file, brought to [t]he [P]rocuracy to the Court for trial, must be sufficient and legitimate. All relevant persons, as defined by this Law, must attend a criminal Court. Absence must be because of force majeure or objective obstacles or other situations according to this Law. The Court is responsible for supporting prosecutors, defendants, defense counsels and other participants in legal proceedings to exercise all of their rights and duties and provoke oral arguments in [a] democratic and equal manner[] before the Court.
All evidence[] of guilt and innocence, aggravation and mitigation of criminal liabilities, citation of Points, Sections or Articles in the Criminal Code for determination of defendants’ crimes, sentences, compensations, and handling of proof[] and other facts essential to the lawsuit must [be] done, argued and specified in court.
The Court’s judgments and rulings must be subject to the inspection and assessment of evidence[] and oral arguments in court.
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:
b) Be informed or explained about their rights and duties as per this Article;
c) Acquire decisions on charges against suspects and amendments to such decisions; written approvals of such decisions or amendments; decisions on enforcement, change or termination of preventive and coercive measures; final reports of investigation; decisions on suspension and suspension of investigations; decisions [on] suspension and suspension of lawsuits; charges, decisions on prosecution and other decisions on legal proceedings according to this Law;
d) Give statements and opinions …
dd) Present evidence[], documents, items and requests;
e) Confer on relevant evidence[], documents and items and request authorized procedural persons to check and evaluate such;
g) Requisition expert examinations, valuation[,] changes of authorized procedural persons, expert witnesses, valuators, interpreters and translators;
h) Defend themselves or be defended;
j) Read and write digital documents or copies of such regarding charges and vindication or other copies related to their defense, upon request[], after the end of investigations;
k) Complain about authorized procedural persons’ decisions and actions of legal procedure.
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:
c) Be informed and explained about their rights and duties as per this Article;
d) Petition for expert examinations, valuation[s], change of authorized procedural persons, expert witnesses, valuators, interpreters, translators, summoning of witness testifiers, crime victims, individuals having duties and interests from the lawsuit, expert witnesses, valuators, other participants in legal proceedings and authorized procedural persons to the Court;
dd) Present evidence[], documents, items and requests;
e) Confer on relevant evidence[], documents[and] items and request authorized procedural persons to inspect and assess such;
g) Defend themselves or be defended;
h) Give statements and opinions …
k) Give [a] final statement prior to the deliberation of judgments;
l) Read the Court’s report and request amendments to the Court’s report;
n) Complain about competent procedural authorities and persons’ decisions and legal proceedings;
o) Other rights as per the laws.
Article 71. Responsibilities for announcement and explanation of rights and duties of participants in proceedings and assurance of their execution of such obligations and rights
1. …
If a[n] accused person or aggrieved is entitled to legal aid as per the Law on legal aid, competent procedural authorities and persons are responsible for elucidating their right of legal aid. If such person petitions for legal aid, competent procedural authorities and persons shall promptly inform a Governmental legal aid center[]. 
Viet Nam, Criminal Procedure Code, 2015, Articles 16, 26, 60(1)–(2)(b)–(k), 61(1), (2)(c)–(h), (k)–(l) and (n)–(o) and 71(1).
Viet Nam’s Criminal Code (2015), which includes war crimes, states:
Article 3. Rules for punishing crimes
1. With regard to criminals:
a) Every crime committed by a person must be discovered promptly and dealt with quickly and fairly in compliance with [the] law. 
Viet Nam, Criminal Code, 2015, Article 3(1)(a).
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 holds trials in [a] timely manner by the regulated deadline and upholds fairness. 
Viet Nam, Criminal Procedure Code, 2015, Article 25.
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
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 expert examinations, valuation[s], changes of authorized procedural persons, expert witnesses, valuators, interpreters, translators, summoning of witness testifiers, crime victims, individuals having duties and interests from the lawsuit, expert witnesses, valuators, other participants in legal proceedings and authorized procedural persons to the Court;
i) Inquire and request Court presidents to question courtroom participants with the Court president’s consent; engage in oral arguments in court[.] 
Viet Nam, Criminal Procedure Code, 2015, Article 61(1) and (2)(d) and (i).
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, Criminal Procedure Code, 2003, § 24.
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. 
Viet Nam, Criminal Procedure Code, 2015, Articles 29, 60(1) and (2)(g), 61(1) and (2)(d) and 263.
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
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:
b) Attend the trial …
Article 290. Defendants’ attendance in the court
1. A defendant must be present in the court as per the Court’s subpoena during the trial. If the defendant is absent not due to force majeure or objective obstacles, he shall be delivered by force to the court. If his absence results from force majeure or objective obstacles, the trial shall be halted.
If the defendant suffers from mental illness or fatal disease, the Judicial panel shall suspend the case until the defendant is cured.
If the defendant absconds, the Trial panel shall suspend the case and request [the] investigation authorities to [search] for him.
2. The court can only hold a trial in absentia in the following [situations]:
a) The defendant has absconded and remains elusive despite the wanted notice;
b) The defendant is on foreign soil and cannot be summoned to the court;
c) The trial panel approves a request for trial in absentia;
d) The defendant’s absence is not because of force majeure or objective obstacles and does not hinder the trial. 
Viet Nam, Criminal Procedure Code, 2015, Articles 61(1) and (2)(b) and 290.
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
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:
d) Give statements and opinions and bear no obligation to testify against themselves or admit to guilt …
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:
h) Give statements and opinions, bear no obligation to testify against themselves or admit to guilt[.] 
Viet Nam, Criminal Procedure Code, 2015, Articles 60(1) and (2)(d) and 61(1) and (2)(h).
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, Ordinance on Organization of the Military Courts, 2002, § 10.
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, Criminal Procedure Code, 2003, § 18.
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. 
Viet Nam, Criminal Procedure Code, 2015, Article 25.
Viet Nam’s Judicature Law (2001) states: “Any court decision is appealable under the law of procedure.” 
Viet Nam, Judicature Law, 2001, § 11.
Viet Nam’s Criminal Procedure Code (2003) states that defendants have certain rights, including: “To appeal against judgments and decisions of the courts”. 
Viet Nam, Criminal Procedure Code, 2003, § 50.2(i).
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 27. Affirmation of first-instance and appellate procedure
1. Trial by first-instance and appellate Courts is affirmed.
… [F]irst-instance Court’s judgments or rulings may be appealed according to this Law. A first-instance Court’s judgments or rulings, if not appealed by the deadline as defined in this Law, shall come into effect.
… [F]irst-instance Court’s judgments, if appealed, shall be reheard by an appellate Court. The appellate Court’s judgments or rulings shall come into force.
2. A Court’s effective judgments or rulings, if such is found to make a serious error of law or new facts emerge as per this Law, shall be reviewed through the procedures of cassation or reopening, respectively.
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:
m) Appeal against the Court’ judgments and rulings …
Article 331. Right to appeal
1. Defendants, crime victims and their representatives shall have the right to appeal against the judgments or rulings of the first instance court.
2. Defense counsels shall have the right to appeal [to] protect the benefits of individuals aged below 18 or having mental or physical defects, who[m] they have defended.
6. A person declared not guilty by a Court shall have the right to appeal against the justifications of the first-instance court’s verdict of no[t] guilty. 
Viet Nam, Criminal Procedure Code, 2015, Articles 27, 61(1) and (2)(m) and 331(1)–(2) and (6).
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 14. Double jeopardy
A person is not charged, investigated, prosecuted or tried on an act[] for which a Court’s effective conviction has been passed, unless that person commits another act jeopardizing the society and deemed criminal by the Criminal Code. 
Viet Nam, Criminal Procedure Code, 2015, Article 14.