Scope of regulation
Criminal procedure code prescribes the procedures and formalities for lodging and processing of criminal information, filing of charges, investigation, prosecution, adjudication, and certain courses of action for the enforcement of criminal judgments. Furthermore, the Law regulates the missions, authority and liaisons of authorities and individuals given authority to institute proceedings (referred to as competent procedural authorities and persons), the rights and duties of entities engaging in proceedings, other authorities and entities, and international cooperation in criminal procedure.
Guarantee of right of defense for accused persons and protection of legal rights and benefits of defendants and litigants
A 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.
DEFENSE OF LEGITIMATE RIGHTS AND BENEFITS OF CRIME VICTIMS AND LITIGANTS
1. Defense counsels are enabled by persons facing charges or appointed by competent procedural authorities to perform activities of pleading, the registration of which has been approved by competent procedural authorities and persons/
2. Defense counsels may be:
a) Lawyers;
b) Representatives of persons facing charges;
c) People’s advocates;
d) Legal assistants for charged persons given legal aid.
3. People’s advocates are Vietnamese citizens from 18 years of age, pledging allegiance to the Nation, possessing good moral quality, having legal knowledge and sound health to fulfill assignments. Such advocates are assigned by the Committee or affiliations of the Vietnam Fatherland Front to defend their personnel facing charges.
4. The following individuals cannot plead:
a) Having engaged in legal proceedings of the lawsuit; or being kindred of persons having engaged in legal procedure of the lawsuit;
b) Having attended the lawsuit as witness testifiers, expert witnesses, valuators, translators, interpreters;
c) Persons sentenced with criminal records sustained, facing criminal prosecution, or sent to mandatory rehabilitation or education centers through administrative measures.
5. A defense counsel may defend various persons facing charges in one lawsuit if such persons' rights and benefits do not come into collision.
Various defense counsels may defend one person facing charges.
