MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOI LAW UNIVERSITY NGUYEN LAM KHOA 462816 GRADUATION THESIS CRIMINAL ADJUDICATING PROCEDURES UNDER VIETNAMESE, AMERICAN AND FRENCH LAW: A COMPARATIVE PERSPECTIVE Hanoi - 2025 MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOI LAW UNIVERSITY NGUYEN LAM KHOA 462816 GRADUATION THESIS Major: Comparative Law CRIMINAL ADJUDICATING PROCEDURES UNDER VIETNAMESE, AMERICAN AND FRENCH LAW: A COMPARATIVE PERSPECTIVE SUPERVISOR DR. DAO LE THU Hanoi — 2025 1 STATUTORY DECLARATION I herewith formally declare that I myself have written the submitted Graduation Thesis independently, the conclusions and data in the Graduation Thesis are truthful and reliable/. Confirmation of Author of Graduation Thesis Supervisor Dao Le Thu Nguyen Lam Khoa 11 LIST OE ABBREVIA TIONS Criminal] Procedure Code (Vietnam) CPC Code de Procédure Pénale (France) CEP Comparution sur Reconnaissance CRPC Préalable de Culpabilité (France) European Convention on Human Rights ECHR Federal Rules of Evidence (USA) FRE Federal Rules of Criminal Procedure FRCP (USA) Internationa] Covenant on Civil and ICCPR Political Rights Universal Declaration of Human Rights UDHR 1V TABLE OF CONTENTS STATUTORY DECLARATION.cccssssssssssecsecssecensessecsecsenserenssessncssrserscssncees Hi LIST OF ABBREVIA TIONS. E05EE035Đ2S00 iv ACKNOWLEDGEMENTS.eeeeseseesessesresresre ` 1 INTRODUC TIONN.
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OVERVIEW OF CRIMINAL ADJUDICATION. The concept of criminal adjudication. Definition and Scope of criminal qđ]HÏCGfOH. Features of criminal adjudication.
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The French criminal procedural HIOđÏ€Ï,. The French legal framework on criminal adjudicating procedures. Principles of criminal adjudication under Frenchi law. Parties to criminal adjudication under French law.
Procedures of criminal adjudication under French law. 36 Conclusion of Chapter 2 sssscssssscssssevevsscncescssvecvesvesscesvevsenscosavecssscssscscevsavenscasecssess 41 CHAPTER 3. CRIMINAL ADJUDICATING PROCEDURES UNDER VIETNAMESE LAW AS COMPARED TO AMERICAN AND FRENCH LAW AND RECOMMENDATIONS FOR VIETNAM. Criminal Adjudicating Procedures under Vietnamese Law.
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Procedures of criminal adjudication under Vietnamese law. Comparing Criminal Adjudicating Procedures under Vietnamese Law to those under American and French Law. In terms of the procedural model. In terms of the legal framework ú.
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Recommendations for the Improvement in Vietnam's Criminal Adjudicating PFOC€TUF€S. Proposals on the criminal adjudication procedure HmOđeÏ. Proposals on the legal framework .ccscccsocesrssoreccrescsescccsscesssesecvscccsscsees 55 Conclusiomof Chapter Sisscissccuiiessccrictatiesececsccteiiassseasiecscccscoscssesscenittisvvseseessesesen 58 LẾ) 8 j7 8 P18027181007 T0 0 0c .ggạ—7 sơn 60 LIST OF REFERENCES:. see 62 vii ACKNOWLEDGEMENTS First and foremost, I would like to extend my sincere gratitude to my supervisor, Dr.
Dao Le Thu, for providing me with the invaluable opportunity to conduct this graduation thesis on the topic “Criminal Adjudicating Procedures under Vietnamese, American, and French Law: A Comparative Perspective.” I am truly grateful for her guidance, which has been instrumental in helping me complete this research. Her unwavering support, patience, and encouragement have been a profound source of inspiration. It has been both an honor and a privilege to study and work under her mentorship. Secondly, my heartfelt appreciation goes to all the lecturers at Hanoi Law University.
The completion of this thesis would not have been possible without their support. I am deeply thankful for the education I have received, which has broadened my knowledge and enhanced my proficiency in English, enabling me to articulate my ideas more effectively. Furthermore, I am immensely grateful to my parents for their unconditional love, sacrifices, and unwavering support in shaping my future. My sincere thanks also go to my friends for their encouragement and my classmates for their valuable assistance throughout this journey.
Lastly, acknowledging my limited professional experience and knowledge, I would greatly appreciate any feedback or suggestions from the lecturers to further improve the content of this thesis. With all my heart, thank you! INTRODUCTION 1. Rationale of the research The Vietnamese legal system is undergoing profound changes as extensive reforms aim to modernize its operations. Official data from The People’s Court Magazine indicate that between October 2023 and July 2024, courts managed 425,425 cases, with a resolution rate of 70.77%—a slight improvement despite an 8.42% increase in caseload.
This growing volume reveals the pressing need to streamline judicial procedures and enhance resource allocation. To tackle these 1 challenges, this thesis compares criminal adjudication procedures in Vietnam, the United States, and France, seeking to uncover best practices that can be adapted to boost efficiency and support Vietnam’s judicial reform efforts. In 2024, Vietnam processed 76,251 criminal cases involving 143,373 defendants, achieving resolution rates of 85.28% for cases and 81. While these statistics reflect efficient administrative handling, they also raise questions about the adequacy of procedural safeguards and the protection of individual rights.
Improving judicial training and adopting international best practices are vital for ensuring fairness and accuracy. This research addresses these issues by comparing criminal adjudication in Vietnam with systems in the United States and France, aiming to propose reforms that strengthen procedural protections and enhance the integrity of Vietnam’s criminal justice system. Vietnam’s judicial reform agenda, reinforced by Resolution No. 27-NQ/TW of November 9, 2022, emphasizes modernizing court procedures and building an impartial, professional judiciary.
Comparative studies of criminal justice systems, such as those in the United States and France, provide critical insights into overcoming existing shortcomings. Regular exchanges with international legal experts are also advised to tailor reforms to local needs. In support of this agenda, this thesis examines criminal adjudication procedures across Vietnam, the United States, and France, offering recommendations to adapt global best practices and advance the modernization of Vietnam’s judiciary. Vietnam’s rapid socio-economic progress hinges on a strong legal framework that fosters investor confidence, ensures fair competition, and safeguards citizens’ rights.
As the nation shifts toward a market-oriented economy, efficient criminal adjudication is essential for both legal reform and sustainable economic growth. A transparent and streamlined judicial system can stimulate business activity and bolster social stability. Through a comparative study of criminal] adjudication procedures in Vietnam, the United States, and France, this research seeks to enhance judicial efficiency and transparency. The most effective approach to improving criminal adjudication in Vietnam lies in analyzing practical legal systems through an international comparative lens.
2 By adapting lessons from other nations, Vietnam can refine its criminal justice procedures. This conviction underpins the research topic, “Criminal adjudicating procedures under Vietnamese, American, and French law: A comparative perspective.” This thesis fills a gap in existing literature by providing an innovative comparative analysis, delivering actionable insights to enhance the efficiency and evolution of Vietnam’s criminal adjudication system while supporting its judicial reform objectives. Literature Review The majority of scholars around the world focus persistently on studying the criminal procedure as a whole from the perspective of sociology, criminology, psychology and legislative basis. In the process of studying the topic, the author has consulted several documents and typical research reports in the form of scientific topics, master’s theses, doctoral theses, books and magazines.
Correspondingly, some typical research projects can be summarized below: 2. Foreign publications Richard J. Terrill (2016), “World Criminal Justice System - A Comparative Survey” is a cornerstone for comparative criminal justice studies. Terrill examines the systems of six nations—England, France, Japan, South Africa, Russia, and China— each exemplifying a distinct legal tradition.
The text covers government, policing, judiciary, law, corrections, juvenile justice, and other pertinent areas. It also dedicates a chapter to Islamic law, drawing on examples from Saudi Arabia, Iran, and Turkey to illustrate the diversity of Sharia practice. This comprehensive approach is significant for the current study, as it incorporates France—a key focus—while contrasting civil law traditions with Vietnam's socialist legality and America’s common law system. The exploration of Islamic law adds an unforeseen comparative element that underscores global legal diversity.
Dubber (2006), “Criminal Law in Comparative Context” focuses on integrating transnational materials into criminal law education, particularly within America, Dubber investigates the challenges of introducing international perspectives into U. criminal law and outlines a contextual method for comparative analysis, supported by concrete examples from educational settings. This methodological 3 emphasis is crucial for the research, as it promotes a broader understanding of criminal law across borders and helps to address potential biases when comparing Vietnam, America, and France. Despite its publication date, the article’s insights continue to provide a strong theoretical foundation.
Smith, Christina Dejong, “The American System of Criminal Justice” offers a detailed exploration of American criminal justice system. The book analyzes the system through multiple disciplinary lenses— criminology, sociology, law, history, psychology, and political science—addressing key components such as law enforcement, courts, corrections, and their interplay. Its examination of the adversarial system, with an emphasis on individual rights like the presumption of innocence and jury trials, supplies essential background for this study. By integrating diverse disciplinary perspectives, the text enriches the comparative framework and facilitates a deeper analysis of differences between the America, Vietnam, and France.
Domestic publications Nguyen Duy The (2024), “Procedure for the first-instance trial of a criminal case” provides a detailed procedural analysis of first-instance criminal trials in Vietnam. It covers the initiation of trials, the roles of judges, prosecutors, defense attorneys, and other participants, as well as the processes for presenting evidence and delivering judgments. This focus is critical for understanding the foundational stage of criminal adjudication in Vietnam, offering insights into local practices and potential areas for reform. Phan Thi Huyen Trang (2024), “Procedure for the appellate trial of a criminal case and practical application at the Hanoi High People’s Court’ examines appellate procedures, with a specific emphasis on their application at the Hanoi High People’s Court.
It discusses the grounds for appeals, the review process, and decision-making at the appellate level, providing a practical perspective on higher judicial processes. This thesis is valuable for understanding how appeals function within Vietnam's legal system, particularly at a significant court level. Cong Thi Hai Yen (2023), “The role of lawyer in criminal procedure: A comparison between Vietnamese and American Systems” conducts a comparative 4 analysis of the roles of lawyers in criminal procedures between Vietnam and the U. It explores differences in the adversarial system (America) versus the more inquisitorial approach (Vietnam), examining how these systems affect the rights and responsibilities of defense attorneys and, consequently, the fairness and efficiency of trials.
This comparative element is notable, though limited to the role of lawyers rather than the entire procedure. Although many studies have addressed issues within the realm of criminal adjudication procedures with both theoretical and practical significance, prior researchers have yet to conduct a comprehensive study of criminal adjudication procedures in general through comparison with other countries to propose suitable recommendations in line with the global trend of judicial integration. Therefore, researching this topic is truly urgent.