What is the time limit for detention for investigation in Vietnam?

What is the time limit for detention for investigation in Vietnam?

Pursuant to Article 173 of the Criminal Procedure Code in 2015 stipulating time limit for detention for investigation in Vietnam as follows:

1. The time limit for temporary detention of suspects for investigation shall not exceed 02 months for misdemeanors, 03 months for felonies and 04 months for horrific and extremely severe felonies.

2. If an investigation must be prolonged due to a variety of complex facts in the case and no grounds for change or termination of detention exist, the investigation authority shall, within 10 days prior to the expiration of the time limit, request The procuracy to extend the detention.

Detention is extended as follows:

a) Detention of offenders of misdemeanors may be extended once for 01 more month;

b) Detention of offenders of felonies may be extended once for 02 more month;

c) Detention of offenders of horrific felonies may be extended once for 03 more month;

d) Detention of offenders of extremely severe felonies may be extended twice, for 04 more months each time.

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As regulations above, the time limit of detention for investigation depends on the nature of the crime your friend committed. The maximum time limit for detention for investigation in Vietnam is 12 months.

In Vietnam: Is temporary detainment period be included in temporary detention period?

Pursuant to Clause 1 Article 17 of the Joint Circular 04/2018/TTLT-VKSNDTC-BCA-BQP stipulating as follows:

The temporary detainment period shall be deducted from the temporary detention period for investigation. If the temporary detention period is continuous with the temporary detainment period, the temporary detention period shall continue from the date of expiration of the temporary detainment period. If the temporary detention period is not continuous with the temporary detainment period, the temporary detention period is counted from the date of arrest of the accused for temporary detention until the end date stated in the order (except the number of days temporary detainment). The last time of the temporary detention period is 24 hours 00 minutes of the last day stated in the order. When calculating the duration of temporary detainment period or temporary detention period, it must be based on the actual duration stated in the temporary detainment decision, temporary detention order, or arrest warrant for the accused for temporary detention, and shall include the whole day off (Saturday, Sunday, etc.). holidays, New Year's Day); 01 month of detention is counted as 30 days.

As regulations above, temporary detainment period shall be included in temporary detention period.

Best regards!