What are regulations on transfer, delivery of minutes and documents; make statistics, stamp and number the case files in the investigation and prosecution stage in Vietnam?

What are regulations on transfer, delivery of minutes and documents; make statistics, stamp and number the case files in the investigation and prosecution stage in Vietnam?

In Article 66 of the Regulation on the exercise of the right to prosecute and supervise the prosecution, investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are provisions on transfer, delivery of minutes and documents; make statistics, stamp and number the case files in the investigation and prosecution stage are prescribed as follows:

1. Procurators must be responsible and regularly urge investigators to strictly implement the transfer, delivery and receipt of records and documents on investigation activities according to Clause 5, Article 88, Article 133 of the Criminal Procedure Code, Article 34 and Article 35 of Joint Circular No. 04/2018/TTLT-VKSNDTC-BCA-BQP dated October 19, 2018 of the Supreme People's Procuracy, Ministry of Public Security, Ministry of National Defense providing for coordination between the Investigation Agency and the Procuracy in the implementation of a number of provisions of the Criminal Procedure Code.

2. During the investigation stage, when the investigating authority transfers the minutes and documents to the Procuracy for inspection, the procurator must stamp the procuracy's record pen in the lower right corner of each boundary page. copies and documents, clearly stating the date of receipt of the minutes and documents and making a record for each time of handing and receiving the minutes and documents with the investigator (with statistics of documents and minutes attached).

In case records and documents are collected by the procurator during the investigation process, immediately after collecting the records and documents, the procurator must transfer them to the investigator for inclusion in the case file and backup file. preliminary inspection; Before transferring it to the investigating agency, it must stamp the procuracy's pen record in the lower right corner of each page of minutes and documents. The handover and receipt of minutes and documents with investigators must be made in writing and kept in the case file and the procuracy file.

3. During the prosecution phase, the minutes and documents collected by the procurator must be included in the case file, stamped with a pen in the upper right corner of each page of the minutes and documents and numbered sequentially. followed by the number of records in the case file; not change the order of records in the case file. In case there is a mistake or erasure of the number of records, there must be a summary sheet, signed for certification by the procurator, enclosed with a report explaining the reasons for the mistake or erasure; The summary sheet and explanation report of the procurator must be included in the case file.

What are regulations on receipt of case files, investigation conclusions and acceptance of the case in Vietnam?

In Article 67 of the Regulation on the exercise of the right to prosecute and supervise the prosecution, investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are provisions on receipt of case files, investigation conclusions and acceptance of the case is prescribed as follows:

When receiving the investigation conclusion to prosecute and the case file together with exhibits (if any) transferred by the investigating authority, the dossier recipient must compare the list of documents and exhibits. with documents contained in the case file and exhibits (if any); inspect the handover of the investigation conclusion to the accused or his representative according to the provisions of Article 238 of the Criminal Procedure Code and handle as follows:

1. If the documents contained in the case file and the evidence (if any) are incomplete compared with the list of documents of the investigating authority or the investigation conclusion has not been delivered to the accused or the the representative of the accused has not yet received the case file and requested the competent agency to investigate additional documents and evidences; request the handover of the investigation conclusion to the accused or the defendant's representative;

2. If the documents in the case file and the evidence (if any) are sufficient compared with the list of documents of the competent investigating agency and the investigation conclusion has been handed over to the accused or his representative of the accused, sign and accept the case file, record the date of receipt of the file in the upper left corner of the cover of the file and immediately report it to the leader of the unit, the leader of the Institute to transfer the case file to the Prosecutor's Office. The prosecutor is assigned to handle the case. The handover and receipt of documents between the file recipient and the procurator must sign for certification in the case file acceptance book.

What is implementation of decision on application, change or cancellation of preventive and coercive measures in Vietnam? 

In Article 68 of the Regulation on the exercise of the right to prosecute and supervise the prosecution, investigation and prosecution issued together with Decision 111/QD-VKSTC in 2020, there are provisions on decision on application, change or cancellation of preventive and coercive measures as follows:

1. After accepting the case file, the procurator shall immediately examine the currently applied preventive and coercive measures and report to and propose the unit's leader and the Institute's leader to consider and decide on the case to apply, change or cancel preventive and coercive measures in accordance with law.

2. The decision to apply or change the temporary detention measure should note the following:

a) If the time limit for temporary detention for investigation under the temporary detention order of the investigating authority or the decision to extend the temporary detention period of the Procuracy is still there, equal to or longer than the time limit for deciding the prosecution specified in Clause 1 of this Article . Article 240 of the Criminal Procedure Code for criminals who are considering prosecution and deeming it necessary to keep the accused in temporary detention during the prosecution period, the procuracies are not required to issue new detention orders;

b) If the time limit for temporary detention for investigation under the temporary detention order of the investigating authority or the decision to extend the temporary detention period of the Procuracy is still there, but not enough to complete the prosecution, before the temporary detention time limit expires, If detained for at least 5 days, the procurator must report to and propose to the unit's leader and the Institute's leader to consider and issue a new detention order; The remaining time of temporary detention and the new term of temporary detention must not exceed the time limit for deciding to prosecute specified in Clause 1, Article 240 of the Criminal Procedure Code for criminals who are considering prosecution. After issuing a new temporary detention order, the Procuracy shall immediately hand over the detention order to the accused and the detention facility where the accused is being held.

3. During the prosecution period, if deems necessary, the procurator shall report to and propose the unit's leader or the Institute's leader to consider applying or canceling the coercive measure specified in Article 126 , 127, 128, 129 and 130 Criminal Procedure Code, specifically:

a) Upon extension of the time limit for deciding the prosecution but the time limit for the defendant's ban from leaving his/her residence, temporary exit from exit, guarantee or deposit of money for security has expired, the Procuracy shall issue a new order or decision. The time limit for application of new orders and decisions of the Procuracy to the accused shall not exceed the time limit for extending the time limit for deciding the prosecution;

b) If the time limit for the investigation agency's ban on leaving the place of residence, suspension of exit, guarantee or deposit of money as security, is still equal to or longer than the time limit for deciding the prosecution as prescribed in Clause 1 of this Article, Article 240 of the Criminal Procedure Code , if it deems it necessary to continue applying such preventive measures, the procuracies shall continue to use orders and decisions of the investigating bodies.

If the investigation agency's time limit for banning from leaving the place of residence, suspension of exit, guarantee or deposit of money for security remains, but there is not enough time to complete the prosecution, it is deemed necessary to continue to apply those preventive measures, at least 5 days before the expiration of the time limit specified in the order or decision, the procuracies must issue a new order or decision.

Best Regards!