Journal of Procuratorate Studies

Mục lục Tạp chí Khoa học kiểm sát số 7 (91)/2025

Administrator KHKS — Thu, 31 Jul 2025 00:00:00 +0000

Mục lục Tạp chí Khoa học kiểm sát số 7 (91)/2025

Development trends of plea bargaining in criminal procedure

TS. Hoàng Anh Tuyên, Nguyễn Khắc Minh Tâm — Thu, 31 Jul 2025 00:00:00 +0000

Plea bargaining plays a crucial role in the criminal justice system. This article examines regulations of plea bargaining in several nations; evaluates its advantages and limitations; identifies global trends in its development and improvement to enhance the effectiveness of plea bargaining application in criminal procedure.

New points on diversionary handling of juvenile offenders under the Law on Juvenile Justice

TS. Nguyễn Quý Khuyến , TS. Hoàng Hải Yến — Thu, 31 Jul 2025 00:00:00 +0000

The Juvenile Justice Law, enacted by the National Assembly in 2024, presents significant reforms in the approach to juvenile offenders. This article will analyze the newly introduced diversionary measures of juvenile offenders under the Juvenile Justice Law compared to the provisions of the Penal Code and highlights key considerations for their effective application in the near future.

Ensuring rights of juvenile accused person in drug-related crimes investigation

Lê Huy Hoàng — Thu, 31 Jul 2025 00:00:00 +0000

Recently, the conduct of criminal proceedings in general and investigations of drug-related cases in particular, involving juvenile accused person in Vietnam have achieved certain results, contributing to the maintenance of public order and social security. However, the investigation of drug-related cases involving juvenile accused person still has some limitations and shortcomings regarding the protection of their rights. This article examines the issue of protecting the rights of juvenile accused person during drug-related case investigations, then proposes measures to improve the effectiveness of these activities in the future.

Legal regulations on intellectual property regarding the management of geographical indications by management organizations

ThS. Nguyễn Thị Nguyệt — Thu, 31 Jul 2025 00:00:00 +0000

The article examines provisions of intellectual property law on management of geographical indication by geographical indication management organizations, including its definition, the legal subjects authorized to manage geographical indications as well as the statutory rights and obligations of geographical indication management organizations.

The recognition of transgender right in Japanese law and the issue of improving Vietnamese legislation

ThS. NCS. Nguyễn Thị Mỹ Linh — Thu, 31 Jul 2025 00:00:00 +0000

The recognition of the right to gender transition is becoming a global trend. This recognition entails numerous legal issues that need to be addressed, as well as significant implications that any country permitting gender transition must carefully consider. Transgender individuals - those who wish to live with a gender different from their biological sex at birth - require a legal framework that recognizes and protects their rights. Each country with its unique political, cultural and legal context, will adopt different approaches to the recognition of gender transition. In Japan, reflecting its progressive stance, the government has enacted specific legislation to legally recognize the gender identity of transgender individuals.

Some issues regarding the jurisdiction of appellate civil courts under Vietnamese civil procedure law

NCS. Nguyễn Như Hiển — Thu, 31 Jul 2025 00:00:00 +0000

The article analyzes the relationship between prosecution and investigation, evaluates mechanisms for strengthening prosecution responsibility in investigation as well as experiences of the Prosecutor’s offices in various countries. From there, it proposes tasks and solutions to improve the mechanism to strengthen the prosecution responsibility in investigations of the People’s Procuracy in the coming time.

Unilateral termination of employment contracts for employee underperformance in the context of digital transformation: Practical application and legal reform directions

ThS. Phùng Văn Trường — Thu, 31 Jul 2025 00:00:00 +0000

In Vietnam, the 2019 Labor Code permits employers, based on their evaluation criteria, to unilaterally terminate employment contracts with employees who consistently fail to meet job performance requirements. However, in practice, this matter has revealed various shortcomings. This paper analyzes legal issues arising from the application of Point a, Clause 1, Article 36 of the 2019 Labor Code and proposes directions to ensure a balanced approach between employers’ managerial rights and employees’ right to job security in the context of digital transformation.

The right to confidentiality of people living with HIV/AIDS in Vietnam nowadays

TS. Phạm Thị Anh Đào , Đặng Ngọc Huyền Vy — Thu, 31 Jul 2025 00:00:00 +0000

As a mandatory obligation to protect patients’ privacy, confidentiality of people living with HIV/AIDS is a fundamental principle in both medical ethics and legal frameworks. In certain cases, this protection may conflict with the rights of third parties - those who should be informed about potential exposure to HIV and broaderly the public health interests. This article analyzes legal provisions in Vietnam on the right to confidentiality of individuals living with HIV, assesses current status of this right in practice, then proposes legal solutions to improve the protection of HIV-related confidentiality in Vietnam in the coming time.

Ensuring the right of access to justice and the right to fair treatment of victims as individuals in the Vietnamese Criminal Procedure Code and lessons from the Russian Federation

TS. Trần Thu Hạnh , ThS. NCS. Mai Thanh Sơn — Thu, 31 Jul 2025 00:00:00 +0000

The right to access to justice and fair treatment are the fundamental rights mentioned in the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. In Vietnam, legislators have recognized and significantly expanded the rights of individual victims in the 2015 Criminal Procedure Code, amended and supplemented in 2021. However, the full recognition and guarantee of the implementation of the right to access to justice and fair treatment of individual victims in Vietnam’s criminal procedure law still has many limitations. By using the method of synthesis - analysis and comparison, the article analyzes and clarifies a number of theoretical issues on the right to access to justice and fair treatment of individual victims. In addition, from the legislative experience of the Russian Federation, the authors provide suggestions for improving the provisions of the Criminal Procedure Code of Vietnam, aiming to harmonize of the rights and interests of the parties, including the victim, when participating in the process of resolving criminal cases.