Main tasks and practical skills:
- In criminal proceedings:
- Ensuring the right to defend of the accused. The accused shall have the right to defend himself or herself or retain someone to defend them (Article 11 of the CrPC). Noting that under certain circumstances, the Courts shall have duty to request the Bar Association to send a Defense Counsel for them or request the Vietnam Fatherland Front Committee, member organization of the Front to send a Defense Counsel or member of their organization (Item 2 of Article 57 of the CrPC).
- Nobody is found guilty of a crime until a guilty judgment of a Court has acquired legal force (Article 9 of the CrPC).
- Determination of the facts of the case (Article 10 of the CrPC).
- The Court shall adopt all lawful measures to determine the facts of the case impartially, comprehensively and fully to clarify evidence of guilt or evidence of innocence, circumstances tending to aggravate and/or extenuate penal liability of the accused.
- The burden of proof shall be laid upon the persons conducting criminal proceedings, including the Judges and Assessors of the People’s Courts. The accused shall be entitled but not bound to prove their innocence.
- In civil proceedings:
- Litigants’ right of making decision and self determination (Article 5 of the CPC).
- The burden of proof is the litigants’ right and obligation (Article 6 of the CPC). The court shall only examine or gather evidence in the circumstances provided by this Code.
- Principle of equality of rights and obligations between the litigants in civil proceedings (Article 8 of the CPC).
- Ensuring the exercise of the litigants’ defensive right (Article 9 of the CPC).
- The court is tasked to conduct conciliation so that the litigants can agree with each other on the resolution of the civil case in accordance with the provisions of this Code (Article 10 of the CPC).
- In administrative proceedings:
- Litigants’ right of making decision and self-determination (Article 20 of the Ordinance on Procedures of Resolution of Administrative Cases).
- The burden of proof is the litigants’ right and obligation (Article 5 of the Ordinance on Procedures of Resolution of Administrative Cases).
- Principle of equality of rights and obligations between the litigants in civil proceedings (Article 20 of the Ordinance on Procedures of Resolution of Administrative Cases).
- Ensuring the exercise of the litigants’ defensive right (Article 23 of the Ordinance on Procedures of Resolution of Administrative Cases).
- The court shall not conduct conciliation, but facilitate the parties to agree with each other on resolution of the case (Article 3 the Ordinance on Procedures of Resolution of Administrative Cases).
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