From 2022, which cases are eligible for online trials in Vietnam?

In 2022, which case will be held online trial? (Illustration)

According to the Resolution, the People's Court of Vietnam may hold online court sessions for first-instance trials and appellate trials of the following cases:

- Criminal, civil or administrative cases with simple details and nature;

- Documents and pieces of evidence in the case file are clear.

In conclusion, if the above two factors are met, the online trial will be held.

However, there are some cases not be permitted organizing online: 

- Criminal, civil and administrative cases related to state secrets;

- A criminal case for one of the crimes of infringing upon national security specified in Chapter XIII of the Criminal Code of Vietnam;

- A criminal case for one of the crimes of undermining peace, against humanity and war crimes specified in Chapter XXVI of the Criminal Code of Vietnam.

Regarding the form of trial, the trial is held in the courtroom, using electronic devices connected to each other through the network environment.

Defendants, victims, litigants, and other procedure participants participating in the court hearing are allowed to participate in the court hearing at a location outside the courtroom decided by the Court, but still ensure to directly monitor fully the images, sound, and participate in the order and proceedings of the trial by word of mouth, by conduct proceedings continuously, publicly, at the same time.

The organization of an online trial must comply with the provisions of law; ensure the security of network information and conditions of physical and technical foundations; ensure the dignity of the court.

In addition, Resolution 33/2021/QH15 of Vietnam also clearly states that the Chief Justice of the Supreme People's Court shall promulgate or preside over according to his competence, and coordinate with the Chief Procurator of the Supreme People's Procuracy, the Minister of Public Security and the Ministry of Public Security, The Minister of National Defense and the heads of other relevant agencies shall promulgate documents detailing and guiding the implementation of this Resolution.

Resolution 33/2021/QH15 of Vietnam takes effect from January 1, 2022.

Bao Ngoc

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