Online court hearing in Vietnam

Online court hearing in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Online court hearing in Vietnam

Procedures at the online court hearing in Vietnam under Article 13 of Joint Circular 05/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP-BTP are as follows:

- The order and procedures for the online court hearing shall be the same as those for a normal court hearing in accordance with the Criminal Procedure Code, the Civil Procedure Code, and the Law on Administrative Procedures.

- Some requirements to be fulfilled at the online court hearing are as follows:

+ Courts check the identities of court participants through online comparison of identification documents or through the national population database system.

For the trial of the criminal case at the component bridge, Court civil servants or officers and soldiers of detention facilities supporting the trial must check the presence of the summoned persons and notify the court clerk;

+ At the opening, the judge presiding over the court session must further disseminate the online trial while ensuring the procedural order and procedures; the legitimate rights and interests of the accused, victims and involved parties shall still be exercised in accordance with the procedural law;

+ In case the procedure participants at the requesting point provide additional documents and evidences, the following actions shall be taken:

For criminal cases, the presiding judge of the court session shall receive documents and evidence in the form of electronic data. Requesting court civil servants or officers and soldiers of detention facilities to assist in copying and presenting documents and evidence at court sessions to the Trial Panels and procurators at the central bridge for viewing. consider and decide.

Court civil servants or officers and soldiers of detention facilities receive documents and evidence and make minutes according to the provisions of Articles 133 and 305 of the Criminal Procedure Code. After the end of the court session, the minutes, together with documents and evidence, must be immediately transferred to the presiding judge of the court session.

For civil and administrative cases, procedure participants shall make copies of themselves in the form of electronic data and send them to the Trial Panels. The handover of evidence and documents shall comply with the provisions of Article 96 of the Civil Procedure Code and Article 83 of the Law on Administrative Procedures.

The presiding judge of the court session must announce (except for documents and evidences related to state secrets, fine customs and traditions of the nation, protection of persons under 18 years of age, or keeping private life secret at the legitimate request of the involved party), consider and evaluate these documents and evidences after receiving photocopies of documents and evidences;

+ An online court session must be audio or video recorded in the form of electronic data;

+ Minutes of the court session comply with the form prescribed by procedural law. Specify at which bridge points the trial takes place; clearly write the full name of the procurator, civil servant of the Court, the Procuracy or officers and soldiers of the detention facility, at the component bridge.

In case a procedure participant requests to see the court hearing minutes, the court clerk shall present the court session minutes to the requester and carry out other relevant procedures (if any) according to the provisions of the law on proceedings;

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 bridge points the trial takes place; clearly write the full name of the procurator, civil servant of the Court, the Procuracy or officers and soldiers of the detention facility, at the component bridge.

- Determine the eligibility to participate in the proceedings of the person assisting in the organization of the trial at the component bridge as follows:

+ Procurators, court clerks, and verifiers are procedure-conducting persons;

+ Cadres and soldiers of detention facilities or other civil servants of courts or procuracies who are other participants in proceedings.

2. Instructions for handling situations that occur at the online court hearing in Vietnam

Instructions for handling situations occurring at the online court hearing in Vietnam under Article 14 of the Joint Circular 05/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP-BTP are as follows:

- In case before the court hearing or during the online trial, the online system is interrupted due to a transmission line connection error, power failure or other incident that makes the court session unable to continue, the Court shall The trial court decided to suspend the trial.

Court officials or officers and soldiers of detention facilities shall notify the decision to suspend the trial to participants at the component bridge.

If by the date of reopening the court session is still unable to be held, the court shall issue a decision to postpone the court session. The court considers and decides to reopen the court hearing in the online form or in the normal form as prescribed by law.

- For criminal cases at court hearings, procedure participants bringing more evidences and documents for consideration may lead to change of crimes, more crimes, more subjects, having to solicit expertise... but at the court hearing cannot add additional evidence, the trial panel adjourns the court session.If the case falls under the category of temporary suspension or the category of returning the file for additional investigation, the court hearing shall not be postponed. The Trial Panel shall consider and settle the settlement according to the provisions of Clause 6 and Article 326 of the Criminal Procedure Code.

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