What is the extension of temporary detention for investigation in Vietnam? Who has authority to decide on the extension of temporary detention in Vietnam?

What is the extension of temporary detention for investigation in Vietnam? 

Pursuant to Clause 2 of Article 172 of the 2015 Civil Procedure Code, the time limit for investigation is as follows:

2. If an investigation must be extended due to the case’s complexity, the investigation authority shall, within 10 days prior to the expiry date of the time limit, requisition the Procuracy’s extension of investigation.

An investigation is extended as follows:

a) An investigation into misdemeanors may be extended once for 02 more months;

b) An investigation into felonies may be extended twice, for 03 more months in the first time or for 02 more months in the second time;

c) An investigation into horrific felonies may be extended twice, for 04 more months each time;

d) An investigation into extremely severe felonies may be extended thrice, for 04 more months each time.

Therefore, during the investigation process in Vietnam, to avoid the situation where the offenders cannot be arrested due to lack of grounds for prosecution, carefulness is required. That is why the measure of extending temporary detention is necessary to prevent errors during the investigation process. In necessary cases, temporary detention can still be extended, but with a clear time limit as specified above.

What is the extension of temporary detention for investigation in Vietnam? Who has authority to decide on the extension of temporary detention in Vietnam? (Image from the Internet)

Who has authority to decide on the extension of temporary detention in Vietnam?

According to Clause 5 of Article 172 of the 2015 Civil Procedure Code, the procuracy's authority to extend an investigation is as follows:

5. The procuracy's authority to extend an investigation:

a) An investigation into misdemeanors is extended by a district People’s Procuracy or local Military procuracy. If a provincial investigation authority or military investigation authority of a military zone handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone shall decide the extension of investigation;

b) A district People’s Procuracy or local Military procuracy shall ratify the first and second extensions of an investigation into felonies. If a provincial investigation authority or military investigation authority of a military zone handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone shall decide the first and second extensions of such investigation;

c) A district People’s Procuracy or local Military procuracy shall ratify the first extension of an investigation into horrific felonies while the provincial People’s Procuracy or Military procuracy of a military zone shall decide the second extension. If a provincial investigation authority or military investigation authority of a military zone handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone shall decide the first and second extensions of such investigation;

d) A provincial People’s Procuracy or Military procuracy of a military zone shall ratify the first and second extensions of an investigation into extremely severe felonies while the Supreme People’s Procuracy or central military People’s Procuracy shall decide the third extension;

Therefore, in cases where there are many complex circumstances requiring the extension of temporary detention, the investigating agency must submit a written request to the Procuracy for an extension of the temporary detention period in Vietnam.

Best Regards!