What are regulations on the exercise of the procuratorial power and supervision of the cancellation or replacement of the preventive measure in Vietnam?

What are regulations on the exercise of the procuratorial power and supervision of the cancellation or replacement of the preventive measure in Vietnam?

Pursuant to Article 21 of the Regulations on the practice of prosecutorial power, supervision of prosecution, investigation and prosecution issued together with the Decision 111/QD-VKSTC in 2020 stipulating the exercise of the procuratorial power and supervision of the cancellation or replacement of the preventive measure in Vietnam as follows:

1. Prosecutors must strictly monitor the grounds, conditions, competence, procedures, and procedures for canceling or replacing preventive measures under Article 125 of the Criminal Procedure Code.

2. When considering cases of canceling preventive measures under Article 125, paragraph 1 of the Criminal Procedure Code, the prosecutor reports and proposes to the unit leader and the Institute leader to resolve as follows:

a) For decisions on preventive measures by the competent investigating agency not approved by the prosecutor, the prosecutor issues a document requesting the competent investigating agency to cancel. If the competent investigating agency does not comply, the prosecutor issues a decision to cancel.
b) For decisions on preventive measures approved or issued by the prosecutor, the prosecutor issues a decision to cancel.

3. When considering cases of canceling or replacing preventive measures under Article 125, paragraph 2 of the Criminal Procedure Code, the prosecutor reports and proposes to the unit leader and the Institute leader to resolve as follows:

a) For decisions on preventive measures by the competent investigating agency not approved by the prosecutor; if it is considered unnecessary or can be replaced by another preventive measure and the competent investigating agency does not issue a decision to cancel or replace, the prosecutor issues a document requesting the competent investigating agency to issue a decision to cancel or replace.

If the competent investigating agency issues a decision to cancel or replace but the prosecutor finds that the cancellation or replacement is unfounded and illegal, the prosecutor issues a document requesting the competent investigating agency to cancel; if the competent investigating agency does not comply, the prosecutor issues a decision to cancel.

b) For decisions on preventive measures approved or issued by the prosecutor, the prosecutor issues a decision to cancel or replace.

In the case that the period of extension of detention has not yet expired, the competent investigating agency issues a decision to initiate a case, prosecute a defendant, and considers it unnecessary to detain, the prosecutor requests the competent investigating agency to have a document requesting the prosecutor to decide on the cancellation of the detention measure based on Article 125, paragraph 2 of the Criminal Procedure Code; if it is necessary to apply another preventive measure, the prosecutor requests the competent investigating agency to implement, if the competent investigating agency does not implement, the prosecutor implements.

What are regulations on the extension of detention for investigation in Vietnam?

Pursuant to Article 22 of the Regulations on the practice of prosecutorial power, supervision of prosecution, investigation and prosecution issued together with the Decision 111/QD-VKSTC in 2020 stipulating the extension of detention for investigation in Vietnam as follows:

1. The extension of detention and the competence of the prosecution to extend detention at all levels are carried out in accordance with the provisions of Article 173 of the Criminal Procedure Code.

2. In cases where it is necessary to extend detention as prescribed in Clause 5 and Clause 6 of Article 173 of the Criminal Procedure Code, if the case is being prosecuted and investigated by the People's Procuracy of the province and the Military Procuracy of the military region, the People's Procuracy of the province, the Military Procuracy of the military region must transfer the case file, including the proposal to extend, stating the content of the case, the criminal acts of the accused, and the reason for the extension to the Supreme People's Procuracy at the latest 10 days before the expiration of the detention period on the basis of the proposal to extend detention of the investigating agency of the same level. At the latest 05 days from the date of receiving the case file, including the proposal to extend, the Supreme People's Procuracy must decide to extend or not extend the detention; if not extended, it must have a document stating the reason and return the file to the Procuracy that requested.

What are regulations on the exercise of the right to prosecute and supervise the application of escort and expulsion measures in Vietnam?

Pursuant to Article 23 of the Regulations on the practice of prosecutorial power, supervision of prosecution, investigation and prosecution issued together with the Decision 111/QD-VKSTC in 2020 stipulating the exercise of the right to prosecute and supervise the application of escort and expulsion measures in Vietnam as follows:

1. In the stages of indictment, investigation, and prosecution, if it is considered necessary to apply the measures of escort and summons to the subjects specified in Clause 1 and 2, Article 127 of the Criminal Procedure Code, the prosecutor must report and propose to the unit leader and the Institute leader before issuing the decision to escort and summons.

2. When supervising the escort and summons of the investigator, the head of the agency authorized to conduct some investigative activities, the prosecutor must strictly monitor the subject to be escorted and summoned; the conditions of application, competence; the content of the decision, the execution procedure; the agency responsible for executing the decision to escort and the decision to summon. If any violations are found, the prosecutor must report and propose to the unit leader, the Institute leader to issue a document requesting the violation to be remedied and to supervise the remedying of the violation.

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