According to current regulations in Vietnam, what is supervision of investigation termination in exercise of the right to prosecution, supervision of filing of charges, investigation and prosecution?

According to current regulations in Vietnam, what is supervision of investigation termination in exercise of the right to prosecution, supervision of filing of charges, investigation and prosecution?

In Article 63 of the Regulation on the exercise of right to prosecute and supervise filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there is a provision on supervision of investigation termination in exercise of the right to prosecution, supervision of filing of charges, investigation and prosecution as follows:

1. At least 10 days for less serious and serious cases, 15 days for very serious cases, 20 days for particularly serious cases before the investigation ends or the time limit for investigating the case expires. Procurators must take the initiative in requesting and coordinating with investigators to evaluate all evidences, documents and proceedings of the case, the investigator shall report to the head and deputy head of the investigating agency to finish the investigation of the case; If it is deemed necessary to continue the investigation, they shall agree on the procedures for reporting to the leaders of the two sides to request and decide on an extension of the time limit for investigation and detention of the accused in accordance with the provisions of the Criminal Procedure Code.

For particularly serious and complicated cases or the procurator disagreeing on the assessment of evidence and crimes, the procurator must discuss with the investigator to report to the heads of the two units holding a meeting to evaluate the results of the investigation of the case, direct the settlement of inconsistencies, difficulties and problems, ensure the completion of the investigation and the settlement of the case in accordance with the provisions of law.

2. Procurators and investigators must make minutes of unanimity on assessment of evidences and documents and keep professional records of the investigating bodies and procuracies.

What is exercise of the right to prosecution, supervision of investigation in exercise of the right to prosecution, supervision of filing of charges, investigation and prosecution in Vietnam?

In Article 64 of the Regulation on the exercise of right to prosecute and supervise filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercise of the right to prosecution, supervision of investigation in exercise of the right to prosecution, supervision of filing of charges, investigation and prosecution as follows:

1. Within 15 days from the date of receipt of the decision to terminate the investigation enclosed with the case file, the procurator must check the groundability and legitimacy of the decision to terminate the investigation and preventive measures, coercive measures, return of seized documents and objects (if any), handling of material evidences and other related issues as prescribed in Articles 230 and 234 of the Criminal Procedure Code, reports and proposals to leaders of units and institutes to settle as follows:

a) If the decision to terminate the investigation is grounded, issue a written notice on the investigation of the decision to terminate the investigation and return the dossier to the investigating authority for settlement according to its competence;

b) If the investigation suspension decision is groundless and illegal, issue a decision to cancel the investigation suspension decision of the investigating authority and request the investigating authority to restore the investigation according to the provisions of Article 235 of the Criminal Procedure Code.

2. In the case specified at Point a, Clause 1 of this Article, the procurator shall report to and propose the unit leader or the Institute leader to issue a written request to the investigating authority to issue a decision to immediately cancel the measure, take coercive measures, return seized documents and objects (if any) to the accused or related persons; for preventive measures or coercive measures approved or decided by the procuracies, the procuracies shall issue decisions to cancel them according to the provisions of Articles 125 and 130 of the Criminal Procedure Code;

What is exercise of the right to prosecution, supervision of restoration of the investigation in Vietnam? 

In Article 65 of the Regulation on the exercise of right to prosecute and supervise filing of charges, investigation and prosecution, issued together with Decision 111/QD-VKSTC in 2020, there are provisions on exercise of the right to prosecution, supervision of restoration of the investigation as follows:

1. When receiving the investigation restoration decision from the investigating authority, the procurator must examine the grounds for investigation restoration as prescribed in Article 235 of the Criminal Procedure Code, report and propose Unit leaders, Institute leaders resolve as follows:

a) If the decision to resume investigation is grounded, the procurator assigned to accept the settlement of the case has been suspended from investigation or is being suspended from investigation to continue the settlement of the case; if that procurator does not continue to perform his/her duties, the leader of the unit or the Institute must assign another procurator to exercise the right to prosecute, supervise and investigate the case;

b) If the investigation restoration decision is groundless and illegal, a decision to cancel the investigation restoration decision issued by the investigating authority shall be issued.

2. If the investigation is suspended as prescribed in Clauses 5 and 6, Article 157 of the Criminal Procedure Code and the accused disagrees and requests re-investigation, the procurator shall report and propose the unit leader, the Institute's leadership shall issue a written request to the investigating authority to issue a decision to restore the investigation or directly issue a decision to resume the investigation and send that decision to the investigating authority for investigation. 

3. The procurator shall supervise the sending and notification of the investigation recovery decision by the investigating authority according to the provisions of Clause 2, Article 235 of the Criminal Procedure Code.

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