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Vietnam - annual report 2013

Published: May 21, 2014
Länderbericht Vietnam 2013Delegation from the Supreme People’s Court visiting the Federal Court of Justice on a study trip on court organisation

General – Conceptual orientation

Legal policy starting point

The IRZ is one of the institutions involved in the rule of law dialogue which is maintained between the Federal Republic of Germany and the Socialist Republic of Vietnam. In this framework, another working programme planned to last three years was adopted in 2012, from which the IRZ is carrying out a large number of measures. This includes refining civil and civil procedure law, criminal and criminal procedure law and the judiciary, as well as providing support in the implementation of international conventions and guidelines. What is more, the IRZ has accompanied constitutional reform in Vietnam by providing consultation and, promoted by the Federal Foreign Office, has offered events on the topic of human rights. In view of the ongoing reforms aiming at economic liberalisation, there is still considerable interest in cooperation with Germany in almost all fields of law. This frequently relates to long-term advice services for extensive legislative projects. Since considerable shortcomings in the effective implementation of new provisions can be observed in Vietnam in practice, the activities as a rule also involve the basic and further training of the specific legal practitioners.

Cooperation to date

The IRZ has provided consultation on key legislative projects in the course of cooperation with Vietnam, which has now been in operation for four years, for instance to the Ministry of Justice in the context of the reform of the Civil Code or to the Supreme People's Prosecution Office in the reform the Code of Criminal Procedure. Moreover, the IRZ regularly implements measures on topics associated with the administration of justice, as well as on the administration of the judiciary and its organisation. Human rights protection has also been the subject of advice since 2012.

Major partners

Strategy and method

Democracy and the rule of law are still under development in Vietnam. The IRZ is making efforts in many ways to support Vietnam in its rule-oflaw development, and in doing so follows on from the previously established, trust-based relations with various institutions in the judiciary. In commercial terms, Vietnam continues to show economic growth, and would like to complete its transition towards a market economy-based political system. Here, the IRZ is accompanying the Ministry of Justice through consultation in important civil law reform projects. The objective is to satisfy the prerequisites for creating basic foundations for the rule of law such as predictability and legal certainty through a Civil Code to provide a basis for all legal relations under private law. More recent societal developments moreover require regulations to be introduced. In criminal procedure law, there is above all a lack of knowledge among criminal defence lawyers and a lack of a basis for a fair trial. The IRZ's measures therefore focus on seminars and study visits on criminal procedure law and related topics. In relation to constitutional law and human rights questions, the IRZ was able to take up the topical discussion on constitutional reform in Vietnam in 2013 and to intensify the dialogue with the Vietnamese partners in the area of enforcement and recognition of fundamental and human rights. The partner organisation here is the Vietnamese Institute for Human Rights, which is affiliated with the National Academy of Politics and Public Administration in Ho Chi Minh City.

Foci of activity

Constitutional law / human rights and their enforceability

Civil and commercial law

Administration of justice

Outlook

The IRZ will continue to implement projects from the German-Vietnamese rule of law dialogue in 2014. In the area of civil law, the IRZ will continue providing consultation on the reform of the Civil Code. The focus here will be on the basic and further training of practitioners from all legal fields. Furthermore, activities on protection of human rights in Vietnam are planned, with funds from the Federal Foreign Office. The Vietnamese Institute for Human Rights has shown itself to be an interested, reliable partner here, and has repeatedly shown that there is a willingness to engage in an objective and open dialogue on the topic of human rights protection and constitutional law. The IRZ will follow on from the measures that have been implemented so far, and will expand the successful dialogue with all its cooperation partners in Vietnam.