What are the regulations on the hierarchy of investigation in criminal cases in Vietnam? What is the time limit for investigation of criminal cases?
What are the regulations on the hierarchy of investigation in criminal cases in Vietnam?
As for the regulations on decentralization of investigative competence in criminal cases, Clauses 4 and 5, Article 163 of the 2015 Criminal Procedure Code of Vietnam specifically provide that:
Investigation authorities are authorized to investigate criminal cases that occur in their assigned territories. If crimes occur in various or unidentified places, the investigation authority adjacent to the offender's place of exposure, of residence or of capture shall conduct investigative activities.
The hierarchy of investigation is composed of:
+ District investigation authorities and local military investigation authorities shall conduct criminal investigations into crimes within jurisdiction of a district Court or local military Court;
+ Provincial investigation authorities shall carry out criminal investigations into crimes within the jurisdiction of a provincial Court. Provincial investigation authorities shall, if their direct involvement is deemed vital, inquire into cases within the investigative powers of district investigation authorities, which happen in various districts, towns, provincial cities, cities under centrally-affiliated cities or denote foreign elements.
Military investigation authorities of military zones shall conduct criminal investigations into crimes within the jurisdiction of a military Court of a military zone or, if their direct engagement is deemed essential, within the powers of local investigation authorities.
+ Investigation authorities of the Ministry of Public Security or Ministry of Defense shall conduct criminal investigations into severe felonies, which were dismissed by orders of the judges' panel of the Supreme People’s Court for re-investigation. Moreover, such authorities, if their direct involvement is deemed imperative, shall conduct criminal investigations into severe and complex felonies involving several provinces and centrally-affiliated cities or many countries.
What are the regulations on the hierarchy of investigation in criminal cases in Vietnam? What is the time limit for investigation of criminal cases?
What is the time limit for investigation of criminal cases in Vietnam?
Pursuant to the provisions of Clauses 1, 2, 3 and 4, Article 172 of the 2015 Criminal Procedure Code of Vietnam stipulating the time limit for investigation in criminal cases as follows:
- The time limit for a criminal investigation shall not exceed 02 months for misdemeanors, 03 months for felonies and 04 months for horrific and extremely severe felonies. The time limit applies from the filing of charges to the end of the investigation.
- If an investigation must be extended due to the case’s complexity, the investigation authority shall, within 10 days prior to the expiry date of the time limit, requisition the Procuracy’s extension of investigation.
An investigation is extended as follows:
+ An investigation into misdemeanors may be extended once for 02 more months;
+ An investigation into felonies may be extended twice, for 03 more months in the first time or for 02 more months in the second time;
+ An investigation into horrific felonies may be extended twice, for 04 more months each time;
+ An investigation into extremely severe felonies may be extended thrice, for 04 more months each time.
- If the investigation into extremely severe felonies is incomplete, despite the expiration of its time limit, due to the case’s complexity, the head of the Supreme People’s Procuracy may sanction one extension for at most 04 more months.
The head of the Supreme People’s Procuracy is entitled to extend an investigation into breach of national security once for at most 04 more months.
- If a decision to press criminal charges or to join issues into one lawsuit is amended, the total time limit for investigation shall not exceed the limits as defined in Section 1, 2 and 3 of this Article.
Which agencies have the authority to investigate criminal cases in Vietnam?
Pursuant to the provisions of Clauses 1, 2 and 3, Article 163 of the 2015 Criminal Procedure Code of Vietnam stipulating the authority to investigate in criminal cases as follows:
- Investigation authorities of the people’s police force shall delve into every crime, save those falling into the powers of investigation authorities of the People’s Army or of the Supreme People’s Procuracy.
- Investigation authorities of the People’s Army shall inquire into crimes falling into the jurisdiction of a military Court.
- Investigation authorities of Supreme People’s Procuracy or Central military procuracy shall probe violations of judicial activities, corruption, and breach of positions in the sector of justice, as defined in chapter XXIII and chapter XXIV of the Criminal Code, against offenders as officials and employees of investigation authorities, Courts, procuracies, law enforcement authorities and against individuals empowered to engage in judicial activities.
According to the above regulations, the agencies have the authority to investigate in criminal cases including:
+ Investigation authorities of the people’s police force
+ Investigation authorities of the People’s Army
+ Investigation authorities of Supreme People’s Procuracy
+ Investigation authorities of Central military procuracy
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