Due-process-evading justice: The case of Vietnam

Abstract

Influenced by the Soviet model, the Vietnamese regimes of administrative offence sanctions and administrative measures have been deemed to be outside criminal justice. Due to a narrow conception of crimes, the Vietnamese jurisprudence has not seriously considered criminal procedural rights in designing procedures for such minor offence regimes. Given the official recognition of administrative status, the values of administrative due process prevail over those of criminal due process in dealing with administrative-offence-related measures.From a functional perspective that identifies all types of criminal charge regardless of denomination, this article argues that the regimes of administrative sanctions and administrative measures reflect an evasion of due process and should be considered as criminal charges in nature. This approach demands careful consideration in designing fair trial rights for the procedures of those measures. What is required is a paradigm shift regarding Vietnam's summary minor offence justice in the context of universal due process.