Vietnam – annual report 2020

Details
Published: September 8, 2021
Welcome address by Mr Truong The Con, Deputy Director of the Judicial Academy (standing), during the hybrid event on juvenile criminal law
Welcome address by Mr Truong The Con, Deputy Director of the Judicial Academy (standing), during the hybrid event on juvenile criminal law

Strategic Framework 

Legal Policy Starting Point 

The one-party state continues to prosper economically under the leadership of the Communist Party, despite restrictions associated with the pandemic. The Vietnamese government enacted numerous precautionary measures to protect public health and a social programme for businesses and private individuals right at the start of the COVID-19 pandemic. As expected, the country’s services sector, tourism especially, is suffering most under the pandemic.

Economic relations with the EU have been strengthened by the Free Trade Agreement (EVFTA) and the Investment Protection Agreement (EUVIPA). This development is also leading to a liberalisation of the legal system and modernisation of administration. Nevertheless, freedom of opinion and the press remain under strict control, and postings on the Internet and in other media criticising the government are censored. A law introduced in 2019 to combat cybercrime obliges foreign online platforms to store the data of domestic users, which must be handed over to the Vietnamese authorities upon instruction.

Overall Concept 

A new three-year programme for the German-Vietnamese dialogue on the rule of law was adopted in 2019. To this end, the Federal Ministry of Justice and Consumer Protection and the Vietnamese Ministry of Justice set up a joint work programme for 2020, which was signed in February 2020. As a long-standing stakeholder in this cooperation format, IRZ is involved in many projects, although it became necessary to adjust their scope and form due to the pandemic. The majority of activities took place in cooperation with the Ministry of Justice.

In addition, IRZ implemented measures with the Supreme People’s Procuracy, the Judicial Academy, Vietnam’s Notary Association (VINOTASS) and with the Center for Consulting on Legal and Policy on Health (CCLPHH).

Vietnam was fortunately able to limit the spread of the COVID-19 pandemic so efficiently that all events in the country were held in a face-to-face format. With the online participation of IRZ experts, numerous hybrid events could thus be held.

Focus of Activity in 2020 

Constitutional Law, Human Rights and their Enforceability

  • Online conference “Implementation of the UN International Covenant on Civil and Political Rights” with the Vietnamese Ministry of Justice
  • Expert opinion on the legal evaluation of the death penalty, including the impact of the death penalty on specific crimes in the Vietnamese Criminal Code

Administration of Justice

  • Online workshop and exchange of experience on “Questions of professional law for lawyers; the organisation model and structure of chambers of notaries” for the Vietnamese Notary Association, in cooperation with the Federal Chamber of Notaries
  • Online workshop on real estate law, family law and inheritance law for the Vietnamese Notary Association, in cooperation with the Federal Chamber of Notaries

Criminal and Penitentiary Law

  • Online workshop on “Asset recovery in corruption cases” with the Ministry of Justice
  • Online workshop “Investigation, evaluation and use of electronic evidence in high-tech criminal matters” with the Supreme People’s Procuracy
  • Online workshop “Interview, Interrogation of juvenile victims and authenticity assessment of evidence introduced by juveniles” for the Judicial Academy

Civil and Commercial Law

  • Online Workshop on international arbitration within the regulatory framework of the United Nations Commission on International Trade Law (UNCITRAL)
  • Online workshop and exchange of experience on “Implementation of the Transgender Law” for the Center for Consulting on Legal and Policy on Health and HIV/AIDS (CCLPHH)

Outlook

IRZ will continue its cooperation with its long-standing partners in 2021, such as the Vietnam Bar Federation, the Ministry of Justice, the Judicial Academy, the Supreme People’s Court, the Supreme People’s Procuracy and the Vietnam Institute of Human Rights. This will focus on application of reformed laws in criminal law, administrative law and on legal education and training.