According to regulations in Vietnam, what is transfer of a case for investigation according to authority in exercising the right of prosecution, administering the filing of charges, investigation and prosecution?

According to regulations in Vietnam, what is transfer of a case for investigation according to authority in exercising the right of prosecution, administering the filing of charges, investigation and prosecution?

In Article 57 of the Regulations on exercising the right of prosecution, administering the filing of charges, investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are regulations on transferring cases for investigation according to powers of the competent authority in exercising the right of prosecution, administering the filing of charges, investigation and prosecution as follows:

1. When there are grounds to transfer the case for investigation according to the provisions of Clause 1, Article 169 of the Criminal Procedure Code, the Prosecutor shall report and propose to the unit leaders and Institute leaders to issue a written request to the Agency. The investigation is accepting and resolving the case and has submitted a written request to the Procuracy to issue a decision to transfer the case. The Procuracy makes a decision to transfer the case when there is a written request from the Investigation Agency or the Procuracy has requested the Investigation Agency's request but the Investigation Agency does not comply.

2. If the case is transferred outside the province or centrally run city or outside the military zone or equivalent, the district-level People's Procuracy or the regional Military Procuracy shall send a written request to the Procuracy. The People's Procuracy at the provincial level and the Military Procuracy at the military zone level issued a decision to transfer the case. If the case is requested by the Provincial Investigation Agency or the Military Investigation Agency at the military zone level, the Provincial People's Procuracy or the Military Procuracy at the military zone level shall decide to transfer the case.

3. The order and procedures for transferring the case for investigation shall comply with the provisions of Article 169 of the Criminal Procedure Code.

Prosecutors must monitor and urge the investigation agency to transfer the case within the prescribed time limit. If there is a violation of the time limit for transferring a case, the Procurator shall report and propose to unit leaders and Institute leaders to request redress.

4. Case files and prosecution files must be transferred to the competent Investigation Agency and Procuracy to perform functions and tasks according to the provisions of law. The Procuracy where the decision to transfer the case for investigation is made must save the decision to transfer the case.

According to regulations in Vietnam, what is transfer of a case for investigation according to authority in exercising the right of prosecution, administering the filing of charges, investigation and prosecution? - Source: Internet

What are regulations on extension of the investigation period and detention period by the superior procuracy in Vietnam?

In Article 58 of the Regulations on exercising the right of prosecution, administering the filing of charges, investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are regulations on extension of the investigation period and detention period by the superior procuracy are prescribed as follows:

1. When requesting the superior Procuracy to extend the investigation deadline or detention period, the leader of the lower-level Procuracy must submit a written request for extension clearly stating the content of the case, grounds and reasons for extension. deadline, accompanied by the case file sent to the superior Procuracy before the end of the investigation period, the detention period is at least 10 days (This time limit is calculated from the date the superior Procuracy receives the written request for extension and the case file); In case of necessity, the superior Procuracy shall request the lower-level Procuracy to directly report the grounds and reasons for the extension.

2. Within 05 days from receiving the written request for extension and the case file from the lower-level Procuracy, the superior Procuracy must consider and decide to extend or not to extend the investigation period, detention period; If the detention period is not extended, a written notification must be sent to the lower-level Procuracy, clearly stating the reason.

What are regulations on exercising the right of prosecution, administering the compliance with the time limit for investigation restoration, additional investigation, and re-investigation in Vietnam? 

In Article 59 of the Regulations on exercising the right of prosecution, administering the filing of charges, investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are regulations on exercising the right of prosecution, administering the compliance with the time limit for investigation restoration, additional investigation, and re-investigation as follows:

1. Prosecutors must strictly supervise the observance of the time limit for investigation restoration, additional investigation, and re-investigation as prescribed in Article 174 of the Criminal Procedure Code. In case a violation is detected, the Procurator shall request or report or propose to unit leaders or Institute leaders to request or recommend remediation and handling of violations according to the provisions of law.

2. In case it is necessary to extend the investigation deadline for cases reinstated due to the complex nature of the case at the request of the Investigation Agency, the Procurator must check the grounds and conditions for extension and report and propose unit leaders and Institute leaders to consider and decide according to the provisions of Article 174 of the Criminal Procedure Code.

3. In case the case is subject to additional investigation or re-investigation, the investigation period shall comply with the provisions of Clauses 2 and 3, Article 174 of the Criminal Procedure Code.

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