How long is a police summons valid in Vietnam?

What is a police summons in Vietnam?

According to the provisions of Subsection 1.4, Section 1, Circular 01/2006/TT-BCA(C11) regulating the summoning and questioning of the detainee; Summon and take testimony from witnesses, victims, civil plaintiffs, civil defendants, and people with rights and obligations related to the case; Take statements of detainees with instructions on summons as follows:

Regarding summoning and questioning the detainee; Summon and take testimony from witnesses, victims, civil plaintiffs, civil defendants, and people with rights and obligations related to the case; Take statements from detainees

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1.4. A summons is a criminal procedure form used in criminal proceedings, so it can only be used by the Investigation Agency or other agencies within the People's Public Security assigned to conduct certain investigative activities. The use of summons must be for the right purpose, for the right subject, and in accordance with the order and procedures prescribed by the 2003 Criminal Procedure Code. Summons to release defendant on bail; A summons or letter inviting witnesses, victims, civil plaintiffs, civil defendants, people with rights and obligations related to the case to come to the investigation agency to work is only valid. 

It is strictly forbidden to take advantage of the use of subpoenas to resolve matters that are not in accordance with the purpose, subject, function, and authority, such as taking advantage of signing or using subpoenas to call and ask questions many times about unimportant issues, not related to the case or asking repeatedly about an issue they have presented, etc., affecting the normal operations of agencies and organizations, discrediting agencies and organizations, individuals. Investigators are strictly prohibited from calling or asking others to come to work without a summons or invitation. Before summoning or inviting, the Investigator must calculate the time and travel of the summoned person to avoid causing inconvenience to the summoned or invited person's time or repeated travel. If the person being summoned or invited lives too far from the headquarters of the Investigation Agency, they can be summoned or invited to the Police headquarters of their residence or workplace to take statements or report to the Chief of Staff or the Deputy Head of the Investigation Agency assigned to direct the investigation of the case shall entrust the investigation.

Based on the above regulations and the provisions of the 2015 Criminal Procedure Code, the summons can be understood as follows:

A police summons is a criminal procedural document sent by the Investigation Agency or another agency within the People's Police tasked with conducting a number of investigative activities to people involved in the case to require them to be present at a certain place and time to work.

How long is a police summons valid in Vietnam? (Image from the Internet)

How long is a police summons valid in Vietnam?

On the police summons there is a specified time that the summoned person is obliged to be present and at the same time notes the number of summons.

At the same time, according to the provisions of the 2015 Criminal Procedure Code, summoned subjects who do not appear according to the content of the summons may be escorted.

Currently, there are no specific regulations on the duration of the summons, however, after the summoned subject is present according to the summoned content, the summoning procedure is considered to have been completed. Therefore, from this moment on, the summons is considered to have expired.

Will I be fined if I do not appear according to the summons in Vietnam?

Pursuant to Article 11 of the Ordinance on Sanctions of Administrative Violations for Obstructing Procedural Activities 2022, which stipulates fines for violations of regulations on presence according to summons:

Violation of regulations on attendance according to summons

A warning or fine from VND 100,000 to VND 1,000,000 shall be imposed on participants in the proceedings who have been summoned but are absent due to force majeure or objective obstacles and their absence causes obstruction. hindrance to litigation activities.

Pursuant to Clause 2, Article 6 of the Ordinance on Sanctions of Administrative Violations for Obstructing Procedural Activities 2022, which stipulates the level of fines and authority to impose fines:

Level of fine, authority to impose fine

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2. The fines specified in Chapter II of this Ordinance are the fines applied to individuals' acts of obstructing legal proceedings. For organizations that commit the same violation, the fine is 2 times the fine for individuals.

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Thus, individuals who do not appear according to the summons due to force majeure or objective obstacles and their absence hinders proceedings will be subject to a warning or a fine of 100,000 VND to 1,000,000 VND.

The above fine applies to individuals in Vietnam. For organizations that commit the same violation, the fine is 2 times the fine for individuals.

Best regards!