Order and procedures at online court hearings in Vietnam

Regulations on order and procedures at online court hearings in Vietnam

Pursuant to Clause 1, Article 13 of Joint Circular 05/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP-BTP, the order and procedures for online court hearings are carried out as regular court hearings according to the provisions of the Criminal Procedure Code, Civil Procedure Code, Administrative Procedure Law.

Some requests need to be made at the online court session in Vietnam

Pursuant to Clause 2 of Article 13 of Joint Circular 05/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP-BTP, some requirements that need to be fulfilled at the online trial are as follows:

a) The court checks the identification of those participating in the trial through online comparison of identification documents or through the national population database system.

For the trial of a criminal case at a court location, court officials or officers and soldiers at the detention facility supporting the trial must check the presence of those summoned and notify them to the Court Clerk;

b) At the opening, the presiding judge must further publicize the online trial while ensuring procedural order and procedures; The legitimate rights and interests of defendants, victims, and litigants are still implemented in accordance with procedural law;

c) In case the participants in the proceedings at the request point provide additional documents and evidence, proceed as follows:

For criminal cases, the presiding judge receives documents and evidence in the form of electronic data. Request court officials or officers and soldiers at the detention facility to assist in photocopying and presenting documents and evidence at the trial for the Trial Council and Procurator at the central court for consideration, decision. Court civil servants or officers and soldiers at the detention facility receive documents and evidence and make records according to the provisions of Article 133 and Article 305 of the Criminal Procedure Code. After the end of the trial, the minutes with documents and evidence must be immediately sent to the Judge presiding over the trial.

For civil cases and administrative cases, participants in the proceedings make their own copies in form of electronic data and send them to the Trial Council. The submission of evidence and documents shall comply with the provisions of Article 96 of the Civil Procedure Code, Article 83 of the Administrative Procedure Law.

The presiding judge must disclose (Except for documents and evidence related to state secrets, national customs and traditions, protection of people under 18 years old or to keep private life confidential at the legitimate request of the involved parties), review and evaluate these documents and evidence after receiving copies of the documents and evidence;

d) Online court sessions must be audio- and video-recorded with sound in the form of electronic data;

d) Court session minutes comply with the form prescribed by procedural law. Clearly state at which points the trial takes place; Clearly state the full name of the Procurator, civil servant of the Court, Procuracy or officers and soldiers of the detention facility, at the request point.

In case someone participating in the proceedings requests to see the court minutes, the Court Secretary will show the court minutes to the requester and carry out other related procedures (if any) according to the provisions of law;

e) Court judgments and decisions must comply with the form prescribed by procedural law. The opening part of the Court's judgment or decision must clearly state at which points the trial takes place; Clearly state the full name of the Procurator, civil servant of the Court, Procuracy or officers and soldiers of the detention facility, at the request point.

Order and procedures at online court hearings in Vietnam (Image from the Internet)

Determination of eligibility to participate in proceedings at online court sessions in Vietnam

Pursuant to Clause 3 of Article 13 of Joint Circular 05/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP-BTP, it is prescribed to determine eligibility to participate in proceedings of the person assisting in organizing the trial at the court as follows:

a) Procurators, Court Clerks, and Examiners are the ones conducting the proceedings;

b) Officers, soldiers in detention facilities or other civil servants of the Court or Procuracy are other participants in the proceedings.

Best regards!