Under the Justice Partnership Programme Framework, implemented by the Vietnam Bar Federation in 2013.

Authors:
Nguyen Hung Quang – NHQuang&Associates
Phan Trung Hoai – Phan Trung Hoai&Associates
Published year: 2013

Abstract:
To effectively implement the policies and strategies of judicial reform in Viet Nam, improving the operational mechanisms of judicial bodies and refining procedural law regulations are key priorities. Assessment Report on The Implementation of Circular 70/2011/TT-BCA of the Minister of Public Security and the Regulations on Coordination Between the Vietnam Bar Federation and the Supreme People’s Procuracy was developed to evaluate the impact of these two legal instruments. The goal is to protect the legitimate rights and interests of lawyers, and to serve as a foundation for dialogue and recommendations to the Ministry of Public Security and the Supreme People’s Procuracy regarding implementation, amendment, and supplementation of relevant legal provisions, thereby facilitating legal practice for lawyers.

The report evaluates Circular 70 and the Coordination Regulation through the following chapters:

Chapter 1: The Necessity of Circular 70 and the Coordination Regulation
Chapter 2: The Implementation of Circular 70 and the Coordination Regulation
Chapter 3: Improving the Legal Framework for the Right to Defense

Based on a questionnaire survey and in-depth interviews, the report focuses on identifying issues lawyers face in applying Circular 70 and the Coordination Regulation, including: (i) Access to the right to defense, (ii) Administrative procedures for obtaining a defense counsel certificate, (iii) Timelines for issuance of such certificates, (iv) Scope of individuals eligible to invite defense counsel, (v) Conditions for meeting with detainees and arrestees, (vi) Conditions for participating in other judicial support activities, and (vii) Access to case files. From these findings, the report proposes recommendations to improve the legal framework governing the right to defense.

Suggested citation: Nguyen Hung Quang, Phan Trung Hoai – Within the Framework of the Justice Partnership Programme and the Vietnam Bar Federation, Assessment Report on The Implementation of Circular 70/2011/TT-BCA of the Minister of Public Security and the Regulations on Coordination Between the Vietnam Bar Federation and the Supreme People’s Procuracy, 2013.

NHQuang Support Team: Luong Hai Binh, Nguyen Thuy Duong, Do Hoang Phuc, Tran Ngoc Khanh Linh, Nguyen Ngoc Ha