New Points in 13 Decrees Effective from January 01, 2018 (Part 3)

1. Legal assistants are provided with separate uniforms annually

the Government of Vietnam issued Decree 144/2017/ND-CP guiding the implementation of Legal Aid Law 2017. Accordingly:

- Additional procedures for the merger and dissolution of Branches of the State Legal Aid Center are supplemented;- Annually, legal assistants are provided with suits, shirts, leather shoes, sandals, spring-summer clothing, ties, badges;- The legal aid collaborator's card will be revoked if the collaborator does not provide legal aid for 2 consecutive years instead of 6 months as previously.

See more Decree 144/2017/ND-CP effective from January 1, 2018, replacing Decree 07/2007/ND-CP.

1. New regulations on sealing evidence in legal proceedings

On November 16, 2017, the Government of Vietnam issued Decree 127/2017/ND-CP detailing the sealing and unsealing of evidence in legal proceedings. Accordingly:

- Evidence will only be sealed and unsealed when required to serve investigation, prosecution, adjudication, and enforcement activities;- All evidence collected must be sealed; except for live animals, plants, documents included in the case files, perishable or difficult-to-preserve evidence;- An item of evidence can be sealed and unsealed one or several times. After each unsealing, the evidence must be resealed according to the prescribed procedures;- Upon completion of unsealing, a record must be made accurately describing the sealing status before and after the unsealing; with full signatures, names, or fingerprint stamps of the relevant individuals.

Decree 127/2017/ND-CP takes effect from January 1, 2018.

1. Guidance on Reporting Criminal Investigation

Decree 128/2017/ND-CP effective from January 1, 2018 stipulates the policies for reporting criminal investigation, thereby aiding agencies and organizations in easily performing report tasks as required. Accordingly:

- Criminal investigation reports must be written documents, signed by the authorized individual, stamped, and accompanied by electronic data files;- Report submission methods: Via postal mail, direct submission, fax, through the criminal investigation database management software system in the form of image files (PDF format) or electronic data files with digital signatures;- It is strictly prohibited to disclose information, exchange, or provide information in the criminal investigation report to unauthorized individuals, organizations, or agencies.

1. Guidance on managing detention and custody data

On November 06, 2017, the Government of Vietnam passed Decree 121/2017/ND-CP effective from January 1, 2018, prescribing the construction, management, and use of the database on detention and custody execution. Accordingly:

- The agency assigned to manage the database on detention and custody execution is responsible for developing technical solutions, professional procedures, and regulations for managing and operating the database system;- The exploitation of the database outside the management scope must be approved in writing by the competent authority managing the database, and during investigation, prosecution, or adjudication periods, it must have the written consent of the case-processing agency;- State agencies, organizations, and individuals requesting to search, provide information, and archive documents about detainees in the database must comply with the regulations of the Law on the protection of state secrets and the Law on Archival.

1. Latest regime on the living conditions of detainees and arrestees

According to the latest provisions of Decree 120/2017/ND-CP detailing the implementation of Law on Temporary Detention and Custody 2015, the policy on the living conditions of detainees and arrestees from January 1, 2018, is as follows:

- The monthly food ration for detainees includes: 17 kg of average-quality rice, 0.5 kg of average-quality sugar, 15 kg of vegetables, 0.7 kg of meat, 0.8 kg of fish, 1 kg of salt, 0.75 liters of fish sauce, 0.1 kg of monosodium glutamate, and 17 kg of firewood or 15 kg of coal; 45 kWh of electricity; 3 cubic meters of water;- Female detainees or detainees with young children under 36 months old are entitled to an additional 30% of the meat and fish rations;- In the event of a detainee's death, the necessary provisions include money for purchasing a standard wooden coffin, a set of long clothes and undergarments, 4 square meters of burial cloth, incense, candles, alcohol for hygiene purposes, and additional expenses equivalent to 100 kg of average-quality rice.

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