Under the project “The Right to Defence in Criminal Law and Practice in Viet Nam” funded by the United Nations Development Programme (UNDP) and implemented in 2010.

Number of pages: 102 pages
Author: Nguyen Hung Quang – NHQuang&Associates
Published year: 2010

Abstract:
The right to defence is one of the peremptory norms of international law (jus cogens) in ensuring a fair trial, protected by international human rights law and international customary law. The research report on the Right to Defence in criminal procedure law and practice in Viet Nam was produced in the context of ongoing judicial reforms within the court system and the planned revision of the 2003 Criminal Procedure Code – one of the amendments concerning the rights of suspects and defendants to defence.

Through research and comparative analysis with countries whose legal systems are similar to that of Viet Nam – namely China, Japan, and Germany – as well as countries following the common law system such as Australia, the Report examines both theory and practice regarding the right to defence in Viet Nam. It identifies good practices in ensuring access to defence for suspects and defendants in criminal cases that could be applied in Viet Nam.

To provide an overview of the practical situation of access to defence during investigation and trial of criminal cases in Viet Nam, the Report draws on in-depth questionnaire-based interviews with 300 lawyers, in-depth interviews with procedural authorities and judicial support agencies at local levels, and group discussions with the participation of criminal defence lawyers, judges, court clerks, investigators, and prosecutors.

Based on the study of good practices and survey findings on the right to defence in Viet Nam, the Report offers recommendations to improve the legal provisions on the right to defence in Viet Nam’s criminal procedure law, as well as to enhance access to defence for suspects and defendants during investigation, prosecution, and trial of criminal cases.

Suggested citation: Nguyen Hung Quang – United Nations Development Programme (UNDP), Report on the Right to Counsel in Criminal law and practice in Vietnam, 2010, available at:
https://www.undp.org/sites/g/files/zskgke326/files/migration/vn/31332_Vietnam_R2C_report-23-05-2012-EN-final.pdf

NHQuang Support Team: Phung Quang Cuong, Luong Hai Binh, Pham Thi Nguyen Anh, Nguyen Kim Hue