VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES L NGUYEN TRUC THIEN THE EVIDENCE IN VIETNAM’S CRIMINAL PROCEDURE - A CASE STUDY OF DONG NAI PROVINCE Major: Criminal law and criminal procedure Major code: 9.38.01.04 SUMMARY OF THE DOCTORAL DISSERTATION IN LAW Hanoi - 2019 The dissertation completed at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences Supervisor: Assoc Prof Dr HOANG THI MINH SON Reviewer 1: Prof Dr Bui Minh Thanh Reviewer 2: Prof Dr Ho Trong Ngu Reviewer 3: Dr Quan Minh Cuong The dissertation will be defended at Graduate Academy Level Council of dissertation assessment at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi Time: ………… date ……… month …… …year 2019 The dissertation may be found at: - Vietnam National Library; - Graduate Academy of Social Sciences Library INTRODUCTION The necessity of the research topic The evidence in criminal procedure is one of the important and fundamental theoretical issues of the criminal procedure The 2015 Criminal Procedure Code regulated evidence and proofs into a separate chapter, chapter VI of the Code In fact, however, the fighting against crimes, especially in the current period, the situation of crimes is very complicated, their modes and tricks are very sophisticated In the process of performing functions and duties, the competent procedural agencies and the competent procedural persons, have not yet thoroughly resolved the procedural issues, this leads to determine the objective truths of cases still have many mistakes, leading to the investigation, prosecution and trial of wrong people and crime, so there are still many cases of unfair trial of innocent people and leaving crimes Continue to further study the evidence in criminal procedure as a very important and significant content both theoretically and practically, contributing to the protection of human rights and improving the efficiency of crime prevention in the current period Therefore, the author chose the research work titled “The evidence in Vietnam’s criminal procedure - A case study of Dong Nai province” as her doctoral dissertation in law Research purpose and tasks 2.1 Research purpose By examining and clarifying some theoretical issues and the provisions of the law related to the evidence in criminal procedure, as well as the reality of the evidence in criminal procedure in Dong Nai province, the dissertation offers solutions to improve the provisions of the criminal procedure law as well as other solutions to ensure and further improve the quality of the evidence in criminal procedure 2.2 Research tasks Reviewing literature at home and abroad, that related to the evidence in criminal procedure, pointing out agreed and controversial points that have not bee thoroughly resolved, and the points need to be addressed by the dissertation Studying and understanding the provisions of the criminal procedure law of a number of countries in the world on the evidence in criminal procedure and pointing out similarities and differences, as well as lessons for Vietnam Assessing the real situation of the evidence in criminal procedure when solving criminal cases in Dong Nai province, pointing out the advantages, limitations and their causes in practice of proving the criminal cases Research subject and scope 3.1 Research subject Research subject of the dissertation is the theoretical issues on the evidence in criminal procedure, the provisions of Vietnam’s criminal procedure law on the evidence in criminal procedure, referring to foreign criminal procedure law and the implementation of the provisions of Vietnam’s criminal procedure law on the evidence in criminal procedure in Dong Nai province in practice 3.2 Research scope The dissertation examines the evidence in criminal procedure under the Vietnamese law and referring criminal procedure law of some countries around the world Regarding time and spatially, the dissertation examines the practice of evidence in the proceeding stages conducted by investigating bodies, procuracy and courts in Dong Nai province between 2008 and June 2019 Methodology and research methods 4.1 Methodology The dissertation examines the evidence in criminal procedure according to the method of interdisciplinary of social sciences, interdisciplinary of law It utilizes the method of dialectical materialism and historical materialism of Marxism - Leninism as well as the Party and State’s points of view and Ho Chi Minh thought in the fighting against crime, and protecting human rights and citizen rights in criminal procedure 4.2 Research methods The study uses methods of overview, synthesis, analysis; historical method, comparison and statistics However, depending on the research content, the dissertation will use appropriate methods for each chapter and section New contributions of the dissertation - Regarding the approach: by using the multi-disciplinary and interdisciplinary research method, especially the methods of legal philosophy, dialectical materialist method, the dissertation analyzes clearly the concept of evidence, responsibility of subject and objects of the evidence in Vietnam’s criminal procedure in Dong Nai form 2008 to June 2019, thenceforth, serving as a basis for making recommendations and solutions to improve the efficiency of evidence in Vietnam’s criminal procedure in general, and in Dong Nai province in particular - Regarding to approaching perspective: with a comprehensive and multidimensional approach to the evidence in criminal procedure between the provisions of the existing law and practice of evidence in criminal procedure in Dong Nai so as to examine responsibility to prove and relationship among the procedural authorities in proving crime The dissertation clarifies regulations on the evidence as well as the subject of proving and obligation of proving in criminal procedure to ensure further human rights, citizen rights and not to be unjustly punished - Regarding the generalization of the dissertation: This is an intensive research work on the evidence in Vietnam’s criminal procedure On the basis of research methods and approaches, especially on the basis of provisions of criminal procedure law and in practice in order to clarify further, deeper and more complete the evidence in criminal procedure, thereby discovering causes of limitations and inadequacies in practice This has a great significance in the construction and completion of reasoning, specifically reasoning on evidence in criminal procedure Theoretical and practical significance of the dissertation 6.1 Theoretically The research results of the dissertation contribute to further building and developing the reasoning on evidence in criminal procedure in our country 6.2 Practically The dissertation can be seen as reference for educational institutions in law, agencies of law protection, and it has theoretical and practical significance for procedural bodies, and as reference in the process of building and amending the Criminal Code, the Criminal Procedure Code and its subordinate documents, contributing to enriching and perfecting the reasoning on evidence in Vietnam’s criminal procedure Structure of the dissertation Besides the introduction and conclusion and references, the dissertation includes chapters Chapter 1: Literature review Chapter 2: The theoretical issues on the evidence in criminal procedure Chapter 3: The provisions of the law on the evidence in criminal procedure and practice of implementing in Dong Nai province Chapter 4: Requirements and solutions to improve the quality of the evidence in criminal procedure in Dong Nai Chapter LITERATURE REVIEW 1.1 Research situation in abroad Criminal procedure science of international criminal law and foreign criminal procedure law always ensure that the procedural bodies and the procedural subjects might handle properly cases, not missing crimes and avoiding wrongfully It may be mentioned some following research works: A.la vu-sin-xky (1950), Teopия судебныx доказательств b советском праве Reasoning on judicial evidence in Soviet law, Moscow Publisher, (translated by the Propaganda Department of the Supreme People's Court (1967); “Criminal procedure-law and practice” by Ronaldo V.del Carmen, Sam Houston State University, the United states of American This book includes 15 chapters which mainly cover the rights of the accused, the basic principles under the US criminal procedure law, an overview of the criminal justice process, and the provisions on basic rights of the accused The law on criminal evidence 1989 of the United Kingdom; research documents on the US criminal procedure model by Richard S Shine and Miranda warning procedure in the US; Examining Japan’s criminal procedure model by Professor Byung-Sun Cho; Research report on Italia’s criminal procedure model by Marco Fabria dated 10 August 2011, this report mentioned the legal status of suspects, defendants and defense counsels in criminal procedure 1.2 Domestic research situation 1.2.1 Research works related to the reasoning on evidence in Vietnam’s criminal procedure 1.2.2 Research works related to the reality of evidence in Vietnam’s criminal procedure 1.2.3 Research works related to solutions to improve the quality of evidence in criminal procedure 1.2.4 The other relevant research works 1.3 General assessment of research situation related to the dissertation 1.3.1 The issues that the dissertation will inherit and develop further Foreign research works give the author with an awareness and overview of proving crimes in some countries around the world and solutions that these countries have applied when proving crimes Domestic research works have very important significance for the dissertation, they have synthesized and analyzed comprehensively the reality of proving crime in Vietnam’s criminal procedure The process of building and perfecting the law on the evidence of crimes Previous research works help the author to have full and deepen awareness on the evidence in criminal procedure so that the author might discover limitations and shortcomings of building procedural law in different historical stages and inherit solutions of these works 1.3.2 The controversial issues In the stage of instituting criminal cases, whether or not to carry out proving activities This issue has not been clearly shown in the works mentioned above Whether all the competent procedural subjects are proving subjects or several certain subject only; participants in procedural process are subjects proving criminal cases or not The evidence in criminal procedure just covers activities of gathering, inspecting and evaluating evidences or even activities of using evidences Subjects are proven in different stages of criminal procedure to be the same or different 1.3.3 The issues need to be further examined by the dissertation First, presenting theoretical issues on the evidence in criminal procedure such as concept, characteristics of proving in different stages of criminal procedure and the correlation among stages; contents of proving in criminal procedure Second, on the basis of studying the provisions of Vietnam’s criminal procedure law in different historical periods, the author evaluates and points out the overall picture in the provisions of the law on the evidence in criminal procedure and clarify inheritance values of this institution in legislative history of our country Third, clarifying the reality of the evidence and pointing out the achieved results, the limitation and its causes Fourth, proposing a number of solutions to ensure better implementation of activities of proving in criminal procedure These solutions include: to further complete the provisions o the criminal procedure law on the evidence; solutions for those who are responsible for proving; solutions for those who participate in prove and some other solutions Sub-conclusion of chapter Chapter THE THEORETICAL ISSUES ON THE EVIDENCE IN CRIMINAL PROCEDURE 2.1 Methodological basis of the evidence in criminal procedure 2.2 Concepts, characteristics, purposes and meanings of the evidence in criminal procedure 2.2.1 Concept of the evidence in criminal procedure According to the dialectical materialism, every crime that happens in reality, humans can detect and prove Everything has its own reflection, so human activities including their offence leave traces in the objective world If the human collect fully, systematically, technically and scientifically these traces, they can be aware of the evolution of the crime that has occurred The evidence in criminal procedure is a logic thinking activity and practice of competent subjects as prescribed by law, to be conducted by collecting, examining and evaluating evidence, and clarifying issues belonging to the proved objects to properly solve criminal cases based on determining the objective truths of the cases 2.2.2 Characteristics of the evidence in criminal proceedings First, the evidence in criminal procedure is a logic thinking activity The competent procedural bodies are responsible for proving crimes The accused has rights but not force to prove his/her innocence Chapter THE PROVISIONS OF THE LAW ON THE EVIDENCE IN CRIMINAL PROCEDURE AND PRACTICE OF IMPLEMENTING IN DONG NAI PROVINCE 3.1 The provisions of the law on the evidence in criminal procedure 3.1.1 The provisions of Vietnamese law on the evidence in criminal procedure 3.1.1.1 Overview of the provisions of Vietnam's criminal procedure law on the evidence in criminal procedure The provisions of Vietnamese law on the evidence in criminal procedure before the promulgation of the 1988 Criminal Procedure Code; The provisions of the 1988 Criminal Procedure Code on the evidence in criminal procedure; The provisions of the 2003 Criminal Procedure Code on the evidence in criminal procedure 3.1.1.2 The 2015 Criminal Procedure Code on the evidence in criminal procedure 3.1.1.3 Evaluating the provisions of Vietnam’s criminal procedure law on the evidence in criminal procedure 3.2 Practice of the evidence in criminal procedure in Dong Nai province 3.2.1 Overview of the situation of proving in the criminal procedure in Dong Nai province Proving crimes in the stage of introduction of instance and investigation; prosecution; the stage of trial; violations committed by first-instance procedural authorities 3.2.2 Evaluating the practice of the evidence in criminal procedure in Dong Nai province 11 The achieved results; limitations and shortcomings in the stage of introduction of instance, investigation, prosecution and trial; the causes of the limitations 3.2.3 Evaluating the practice of the evidence in criminal procedures on the implementation of the Criminal Code and the 2015 Criminal Procedure Code in Dong Nai province Sub-conclusion of chapter Chapter REQUIREMENTS AND SOLUTIONS TO IMPROVE THE QUALITY OF THE EVIDENCE IN CRIMINAL PROCEDURE IN DONG NAI PROVINCE 4.1 Requirements and solutions to improve the quality of the evidence in criminal procedure in Dong Nai Province It is necessary to ensure human rights in criminal procedure; judicial reform, preventing and combating crimes and international integration requirements 4.2 Solutions to ensure the implementation of the provisions of the existing law on evidence in criminal procedure 4.2.1 To promptly issue documents and guide to comply with the 2015 Criminal Procedure Code on the evidence in criminal procedure Firstly, in order to ensure the efficiency of audio and video recording, for those who are charged in interrogate or collect testimonies must understand the principles of audio and video recording Secondly, officials who are charged in interrogate or collect testimonies must understand order and procedures for conducting audio or video recording with sound of defendants or representative 12 testimonies under the law of commercial legal entities committing offenses at detention facilities, investigating agencies' headquarters, procuracies, agencies assigned to conduct a number of investigating activities Thirdly, understanding the provisions on preservation and archiving of audio or video recording results with sound of interrogation or representative testimonies under the law of commercial legal entities committing offenses Completing mechanisms, policies and legal systems in protecting natural resources and environment; building and issuing regulations on environmental protection fees, the settlement of compensation for damage caused by violations of the law on environment Training staffs in the field of credit, finance and banking so that they are able to investigate corruption cases It is necessary to have timely guiding documents on usury crimes so as to ensure the evidence in criminal procedure is proven quickly to guarantee the lawful rights and interests of citizens 4.2.2 Raising awareness and professional ethics of the Judges and People’s Jurors in the proving activities 4.2.3 Enhancing the inspection, supervision and coordination between investigating bodies, procuracy and courts in collecting, examining, evaluating and using evidences 4.2.4 Other solutions Strengthening the Party’s leadership to limit the intervention of local leaders in resolving criminal cases 4.3 Improving further provisions of the law on the evidence in criminal procedure 13 Improving the provisions on issues that need to be proved in criminal cases: supplementing Article 85 of the 2015 Criminal Procedure Code as follows: Article 85 Issues the need to be proved in criminal cases When investigating, prosecuting and adjudicating criminal cases, the competent procedural authorities must prove: Whether or not the offense has occurred, the time, place and other details of the offense; Who are persons or commercial legal entities committing crime; they are mistaken or not, intentional or unintentional; they have criminal liability capacity or not; what are their purpose and motive for committing crime; Extenuating and aggravating circumstances for criminal liability of suspects and defendants and their personal characteristics; The nature and extent of damage caused by the crime; Causes and conditions of the crime; Other circumstances related to the exclusion and exemption of criminal liability and the exemption of penalty Other significant circumstances to properly resolve criminal cases Completing regulations on the use of electronic data: Article 99a Using results of audio or video recording with sound in interrogating or collecting representative testimonies under the law of commercial legal entities committing crimes during the investigation period During the investigation period, the Head and Deputy Heads of the Investigation Agency and the agency assigned to conduct a number of investigating activities; Investigators, investigation officers; Directorsgeneral Deputy directors-general, procurators and inspectors have the rights as follows: 14 Using audio or video recording results to serve investigation in case of suspects or legal representatives of commercial legal entities committing crime to change testimonies compare to previous testimonies; Using and evaluating evidence to clarify defendant’s acts, commercial legal entities and other accomplices (if any) to ensure that the cases are resolved objectively and comprehensively At the same time, inspecting the observance of law by investigators, procurators and inspectors in the process of interrogating or collecting representative testimonies under the law of commercial legal entities committing crimes Supplementing the specific provisions of the Criminal Procedure Code on using audio or video-recording results with sound in interrogating or collecting representative testimonies under the law of commercial legal entities committing crimes in the period of prosecution as follows: Article 99b Using audio or video results with sound in interrogating or collecting representative testimonies under the law of commercial legal entities committing crimes in the period of prosecution In the period of prosecution, Director-general and Deputy Directorgeneral of the Procuracy; Procurators have the rights as follows: Using audio or video recording results to serve prosecution and as a basis for determining the objectivity in interrogating suspects or collecting representative testimonies under the law of commercial legal 15 entities committing crimes of investigating bodies and agencies assigned to conduct a number of investigating activities; Using audio and video recording results with sound in interrogating or collecting representative testimonies under the law of commercial legal entities committing crimes to assess evidences and clarifying acts of defendants and accomplices Examining and detecting whether or not signs of wrongfully; whether the accused has been extorted depositions or corporal punishment or violating the law in the period of investigation Supplementing the specific provisions of the Criminal Procedure Code on using audio or video-recording results with sound in interrogating or collecting representative testimonies under the law of commercial legal entities committing crimes in the period of trial as follows: Article 99c Using audio or video results with sound in interrogating or collecting representative testimonies under the law of commercial legal entities committing crimes in the period of trial In the period of trial preparation, the judge must actively consider and study the evidences and documents in the files of cases In case there is evidence, document of audio or video-recording but cannot be heard or viewed, the judge should require Procuracy makes a copy and provide the Court video-recording data with sound The trial council shall decide to allow the listening and seeing the audio or video recording contents with sound at the court in the following cases: 16 a) Examining evidences, documents and objects related to the cases that it is necessary to be publicly examined by the trial council at the court b) The change in the testimony of the accused who is extorted depositions, corporal punishment in the process of interrogating and collecting collecting representative testimonies under the law of commercial legal entities committing crimes or defendants, representatives under the law of commercial legal entities c) When requesting by procurators, investigators and others In clause of this Article, the Court should have a plan to prepare for listening and watching the audio or video-recorded contents with sound at the court Completing provisions on assessment conclusions and property valuation: Article 213 of the 2015 Criminal Procedure Code with name similar to Article 100 of the 2015 Criminal Procedure Code but different content In one Code, there are two articles with the same name but different content, it is necessary to revise When examining contents of these two articles, we suggest that keeping the name of Article 100 of the 2015 Criminal Procedure Code, and revising the name of Article 213 into the procedures of concluding assessment to avoid confusion between the two articles In addition, it is necessary to examine to further improve some other provisions of the 2015 Criminal Procedure Code such as: completing the specific provisions of the 2015 Criminal Procedure Code on the order and procedures for defendants or representative testimonies under 17 the law of commercial legal entities committing crimes to be read and copy material related to accusations, leaving accusation or other documents related to justification Completing the provisions of the Criminal Procedure Code on the evidence in criminal procedure Because the 2015 Criminal Procedure Code does not specify the highest state management agency in the field of assessment Especially, there is no specific guidance on special methods of investigation and proceedings such as confidential audio and video recording, listening to confidential telephone and collecting confidential electronic data For commercial legal entities, there must be specific guidance in collecting evidences to handle their criminal liability, legal entities’ branches, and the accomplices, collectives and personal responsibilities for commercial legal entities Especially, there must be specific guidance and provisions on functions, tasks, powers and procedures for procedural agencies and persons when conducting activities of proving this type of crime The 2015 Criminal Procedure Code supplemented measures of special procedural investigation for crimes of infringing upon national security, dug-related crimes and terrorism Therefore, it is necessary to specify and distinguish measures of special procedural investigation from reconnaissance professional measures of the people’s police to avoid confusion in the process of investigation of the People’s Procuracy at all levels 18 The 2015 Criminal Procedure Code needs to stipulate a separate rule on the right to silence of defendants until publicly state in the court to protect the rights of the accused and defendants Article 76 of the 2015 Criminal Procedure Code stipulates to assign defense counsels In fact, however, when a lawyer participates in defending the accused or the defendant, the file is built very closely evidences as well as clearly demonstrates the responsibility to prove fully and logically Therefore, in the author’s opinion, it is necessary to further provide regulations to appointing pleading for the accused and defendants who are illiterate into point b, clause 1, Article 76 of the 2015 Criminal Procedure Code Completing the provisions of the Criminal Procedure Code to protest against a decision under procedures of the reconsider for offence prosecuted and tried by the 1999 Penal Code, but according to the 2015 Penal Code this offence was exempted from criminal liability Based upon the provisions of Resolution No 41/2017/QH14 dated 20 June 2017 of the National Assembly, Official Dispatch No 04/TANDTC-PC dated January 2018 of the Supreme People's Court, the People's Courts at high-level not have competence to protest the reconsider in cases as mentioned above Therefore, in the author’s opinion, to ensue the rights of the offenders, it is necessary to have specific provisions to avoid confusion when applying laws Fourth, completing the provisions on procedural rules for people under 18 years of age, according to the provisions of Article 414 of the 2015 Criminal Procedure Code, how is friendly procedure and to 19 regulate clearly procedure-conducting persons for cases involving people under 18 years of age since the stage of investigation, prosecution and adjudication Fifth, completing the establishment of the Court’s organizational structure, which is the court of family and juveniles, the training program for investigators, procurators and judges, and the model of friendly court rooms in order to meet the criminal policy on the principles of handling to persons under 18 years old under the provisions of Article 91 of the 2015 Penal Code Sixth, completing the provisions on mutual legal assistance and extradition activities: currently, proving crimes mainly takes place in territory of each nation but with the nature of crimes today it is not only taking place in each countries but also relating to many different countries, for example transnational crimes, proving crime is increasingly difficult and complex In fact, however, there are still provisions on judicial assistance but these provisions still have many limitations that arising from the law of each nation relating to the extradition and collection of evidence Therefore, there are differences of the proving reasoning in each stage, this comes from objective reality, the world’s socio-economic development and this is also general trend of the world and era Sub-conclusion of chapter 20 CONCLUSION From above analysis, the dissertation provides some following conclusions: The evidence in criminal procedure is a very complicated issue in both theoretically and practically and it is crucial in determining objective truths of criminal cases Therefore, to be aware of the evidence in criminal procedure correctly, it will ensure the accuracy, objectivity, comprehensiveness of the procedure-conducting agencies and persons in investigating, prosecuting and adjudicating, not to leave crimes and to judge fairly innocent people The nature of the evidence in criminal procedure is to clarify the objective truths of criminal cases, so the procedural agencies and those who are charged in procedure must clarify the nature of the cases and relevant circumstances and all matters that need to be clarified, as stipulated by the Criminal Procedure Code including matters must prove to belonging to the nature of the case and matters affecting criminal liability, decision on penalties In addition, it must prove significant circumstances to properly resolve cases and the circumstances excluding criminal liability In fact, the Party and the State have issued the 2013 Constitution, amended and supplemented many important codes, especially the 1999 Criminal Code, the 2003 Criminal Procedure Code, the 2015 Criminal Code and the 2015 Criminal Procedure Code This has shown a clear progress in the legislative activity, ensuring the evidence in criminal procedure is increasingly promoted in practice and achieved high 21 efficiency; appreciating the roles and responsibilities of procedural agencies and clearly distinguishing functions and duties of the procedural agencies Especially, for the first time, the principle of litigation was recognized in the 2013 Constitution and also for the first time principle of presuming innocent was officially become a separate principle in the 2015 Criminal Procedure Code, thereby, human rights are increasingly protected and guaranteed In addition to the achieved results, in fact, there are still many difficulties, limitations and errors of the evidence in criminal procedure such as determining the scope of the proving objects is not right and sufficient, there is not enough foundation to conclude offence; seriously violating procedural procedures, neglecting crimes in cases when having accomplices Therefore, the case must be returned for additional investigation, in some cases, it must suspend the case because it is irreparable or there is not enough evidence to prove the offence This arises from responsibilities of the procedural subjects and agencies In order to achieve purpose and effectiveness of the evidence in criminal procedure, from the beginning, the procedural agencies themselves need to identify exactly the object who needs to be proved and limiting the evidence Because when determining exactly the proving object and restriction of the evidence, it is determined what problems need to be proved and to fully prove the issues that need to be proved so as to ensure that criminal cases are resolved accurately and quickly, avoiding invaluable evidences in solving the cases Theoretically, the procedural agencies and subjects carrying out 22 activities of proving in criminal procedure must study and understand the provisions of the law that stipulated in the Criminal Procedure Code and the relevant provisions of the law Practically, it is necessary to summarize experiences so as to draw valuable lessons On the basis of a conclusion between theory and practice in order to correctly and fully determine the issues that need to be proved in criminal procedure On the basis of examining comprehensively the provisions of the Vietnamese law on the evidence in criminal procedure and practice of proving in criminal procedure in Dong Nai province, the author has acquired knowledge and research approach of research works at home and abroad into the study of the responsibility of proving in Vietnam’s criminal procedure in Dong Nai from 2008 to 2017, thenceforth, the study proposes solutions to improve the quality of the evidence in criminal procedure, contributing to further complete the provisions of the Criminal Code and the Criminal Procedure Code of Vietnam on responsibility of proving in Dong Nai province 23 24 LIST OF THE AUTHOR’S PUBLISHED-RESEARCH WORKS Nguyen Truc Thien (2015) “Some issues on principle of litigation in trialing criminal cases in the court of first instance”, The People’s Court Magazine, no 16 Nguyen Truc Thien (2016) “Some issues of the evidence in criminal procedure”, The People’s Court Magazine, no 21 Nguyen Truc Thien (2018) “Some issues on the contents of the evidence in criminal procedure and solutions”, The People’s Court Magazine, no 25 ... Sciences, Vietnam Academy of Social Sciences Supervisor: Assoc Prof Dr HOANG THI MINH SON Reviewer 1: Prof Dr Bui Minh Thanh Reviewer 2: Prof Dr Ho Trong Ngu Reviewer 3: Dr Quan Minh Cuong The... of Social Sciences, Vietnam Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi Time: ………… date ……… month …… …year 2019 The dissertation may be found at: - Vietnam National Library;... in Vietnam’s criminal procedure in Dong Nai form 2008 to June 2019, thenceforth, serving as a basis for making recommendations and solutions to improve the efficiency of evidence in Vietnam’s