What must be included in a decision on temporary detainment in Vietnam? In what cases is temporary detainment carried out?
What must be included in a decision on temporary detainment in Vietnam?
Pursuant to Clause 2, Article 117 of the 2015 Criminal Procedure Code in Vietnam as follows:
Temporary detainment
....
2. The individuals authorized to issue detainment orders as per Section 2 of Article 110 of this Law are entitled to decide temporary detainment.
A decision on temporary detainment must specify full name and address of the person on temporary detainment, reason, time, starting and final date of temporary detainment and details as per Point 2, Article 132 of this Law. The decision on temporary detainment must be given to the person on temporary detainment.
According to the above provisions, the decision on temporary detainment must clearly state:
- Specify full name and address of the person on temporary detainment, reason, time, starting and final date of temporary detainment.
- The decision on temporary detainment clearly states:
+ Number, issue date and issuing place of the procedural document;
+ Grounds for the issuance of the procedural document;
+ Contents of the procedural document;
+ Full name, position and signature of the individual issuing the procedural document and official seal.
What must be included in a decision on temporary detainment in Vietnam? In what cases is temporary detainment carried out?
In what cases is temporary detainment carried out?
Pursuant to the provisions of Article 59 of the 2015 Criminal Procedure Code in Vietnam as follows:
Temporary detainees
1. Temporary detainees are held in emergency captivity or arrested for criminal acts in flagrante or wanted notices or those confessing or surrendering and facing existing orders of temporary detainment.
2. Temporary detainees are entitled to:
a) Be informed of reasons, obtain decisions and written extension of temporary detainment, written approvals of temporary detainment and other decisions of legal procedure according to this Law;
b) Be informed and explained about their duties and rights as per this Article;
c) Give statements and opinions, and have no obligation to testify against themselves or admit to guilt;
d) Defend themselves or be defended;
dd) Present evidences, documents, items and request;
e) Confer on relevant evidences, documents and items and request authorized procedural persons to verify and assess such;
g) File complaints about competent procedural authorities and persons’ decisions and legal procedure on temporary detainment.
3. Temporary detainees are liable for conforming to this Law and the Law on temporary detainment and detention.
At the same time, according to the provisions of Article 117 of the 2015 Criminal Procedure Code in Vietnam as follows:
Temporary detainment
1. Temporary detainment may apply to persons held in emergency custody or arrested against crimes in flagrante, malefactors confessing or surrendering or persons arrested as per wanted notices.
According to the above provisions, temporary detainees are held in the following cases:
- Temporary detainees are held in emergency captivity;
- Temporary detainees are arrested for criminal acts in flagrante or wanted notices;
- Those confessing or surrendering and facing existing orders of temporary detainment.
How long can investigation authorities hold temporary detainment in Vietnam?
Pursuant to the provisions of Article 118 of the 2015 Criminal Procedure Code in Vietnam stipulating as follows:
Time spent in temporary detainment
1. The time limit for temporary detainment is 03 days after investigation authorities and units assigned to investigate take in or deliver by force detainees and arrestees to their units, or upon investigation authorities’ issuance of temporary detainment decisions against malefactors confessing or surrendering.
2. The individual deciding temporary detainment, if necessary, can extend the time limit for temporary detainment for at most 03 more days. The individual deciding temporary detainment, in special events, can give second extension of the time limit for temporary detainment for at most 03 more days.
Extension of temporary detainment must be approved by the equivalent Procuracy or a competent Procuracy. The procuracy, in 12 hours upon receiving a written request for temporary detainment extension, must approve or deny such request.
3. If grounds for prosecution do not suffice during the period of temporary detainment, investigation authorities and units assigned must promptly discharge the detainees on temporary detainment. Otherwise, the Procuracy, which has extended temporary detainment, shall discharge such detainees in prompt manner.
4. The time spent in detainment shall be subtracted from the time spent in detention. One day spent in detainment gives one day’s credit toward the time passed in detention.
According to the above provisions, the time spent in temporary detainment is prescribed as follows:
- The time limit for temporary detainment is 03 days after investigation authorities and units assigned to investigate take in or deliver by force detainees and arrestees to their units, or upon investigation authorities’ issuance of temporary detainment decisions against malefactors confessing or surrendering.
- The individual deciding temporary detainment, if necessary, can extend the time limit for temporary detainment for at most 03 more days. The individual deciding temporary detainment, in special events, can give second extension of the time limit for temporary detainment for at most 03 more days.
Note: Extension of temporary detainment must be approved by the equivalent Procuracy or a competent Procuracy. The procuracy, in 12 hours upon receiving a written request for temporary detainment extension, must approve or deny such request.
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