'Rights during investigation - access to interpreter and translation if questioned in other language' in document 'Vietnam - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part One
GENERAL PROVISIONS

Chapter II
FUNDAMENTAL PRINCIPLES

Article 24. Spoken and written language used in the criminal procedure
Spoken and written language used in the criminal procedure is Vietnamese. Participants in the criminal procedure may use spoken and written languages of their own nationalities; in this case, interpreters shall be required.

Part One
GENERAL PROVISIONS

Chapter IV
PARTICIPANTS IN THE PROCEDURE

Article 61. Interpreters
1. Interpreters shall be required by investigating bodies, procuracies or courts in cases where the procedures are participated by persons who cannot use Vietnamese.

2. Interpreters must appear in response to the summonses of investigating bodies, procuracies or subpoenas of courts and must interpret truthfully, must not disclose investigation secrets; if they interpret falsely, the interpreters shall bear penal liability according to Article 307 of the Penal Code.

3. Interpreters must refuse to participate in the procedure or be changed if:
a/ They fall into one of the cases defined in Clause 1 and Clause 3, Article 42 of this Code;
b/ They have conducted the procedure in the capacity as head, deputy head of the investigating body, investigator, chairman or vice-chairman of the procuracy, procurator, president or vice-president of the court, judge, juror or court clerk, or have participated in the capacity as defense counsel, witness or expert in such cases.
The change of interpreters shall be decided by the requesting agencies.

4. The provisions of this Article shall also apply to persons who know signs of the dumb and the deaf.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness