For the two sides to negotiate and bargain as they would in a bilateral contract, the prosecution and the accused should have equal standing. It is highly questionable whether suspects in Việt Nam possess sufficient power to counterbalance the authorities.

Equality in legal proceedings demands that both sides have the same opportunity to present evidence, defend their interests, and challenge opposing arguments. Suspects entering negotiations in criminal cases require adequate legal assistance to understand their rights, their lawful interests, and the severe consequences of a guilty plea.