The Supreme People's Court of Vietnam: Benchbook Online

Main tasks and practical skills:

• Before opening the trial, the Judge should request the Court Clerk to disseminate the court rules and measures taken against persons  disrupting the trial, as provided in Article 198 of the CrPC, check whether persons summoned to the court are all present and identify reasons for any absence, then report to the Trial Panel.
• After the Trial Panel enters the court room, the presiding Judge shall read out the decision on bringing the case to trial. During the reading, all the people present have to stand up. 
• After reading the decision on bringing the case to trial, the presiding Judge shall request the Court Clerk to report the list of persons present upon summons, and identify reasons for any absence.
• The presiding Judge shall check identity cards of persons present upon summons, as provided in Article 201 of the CrPC and in Sub-sections 1.1 and 1.2 of Part III of Resolution No. 04/2004.
• The presiding Judge shall explain to them their rights and obligations, as provided in Articles 201, 203 and 204 of the CrPC and Sub-sections 1.3, 1.4 and 1.5 of Part III of Resolution No. 04/2004.
• The presiding Judge shall ask the Procurator and persons participating in the proceedings whether they want to request the replacement of the persons conducting the proceedings, experts, or interpreters. If there is a request, the Judge shall consider and decide, pursuant to Articles 42, 45, 46, 47, 60 and 61 and Article 202 of CrPC and Sections 3, 4, 5, 6 and 8 of Part I of Resolution No. 03/2004.
• Noting that: any decision on the replacement of the persons conducting the proceedings (member of the Trial Panel, Procurator, Court Clerk), examiners or interpreters, must be deliberated and passed in the discussion room and made in writing as well, as provided in Item 2 of Article 199 of the CrPC and Section 3 of Part II of Resolution No. 04/2004.
• The Judge shall resolve requests for consideration of evidence or the suspension of the trial if anyone is absent.
• The Judge should ask the Procurator and persons participating in the proceedings whether they want more witnesses to be summoned or more physical evidence and documents to be examined. If any of the persons summoned to participate in the proceedings is absent, the presiding Judge must ask whether any of the others request a postponement of the trial, as provided in Article 205 of the CrPC. Each particular request shall be considered and decided pursuant to appropriate provisions of the CrPC. Pursuant to Article 199 of the CrPC and Section 3 of Resolution No. 04/2004, such a decision must be deliberated and passed in the discussion room by the Trial Panel. The decision may not be made in writing but has to be noted in the minutes of the trial.
• Before questioning the witnesses, the presiding Judge may adopt measures so that different witnesses are not able to hear each other’s testimonies or communicate with persons concerned. In case the testimony of the accused and that of the witness would affect each other, the presiding Judge may segregate the accused from the witnesses before questioning the witnesses, as provided in Item 2 of Article 204 of the CrPC.
• The Judge should consider whether there are any grounds for temporarily or permanently suspending the case. Such a decision must be deliberated and passed in the discussion room and follow Form 05b and 05c (promulgated with Resolution No. 04/2004).