What is a warrant for arrest in Vietnam? What is the current deadline for canceling an arrest warrant in Vietnam?

What is a warrant for arrest in Vietnam?

Currently, Vietnamese law does not have any definition of the concept of "warrant for arrest." However, it can be understood that a warrant for arrest is a decision issued by a law enforcement agency to seek, detect, and arrest a person who has committed a crime when the person has fled or cannot be found.

Pursuant to Article 2 of the Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC stipulating subjects who are wanted as follows:

Subjects who are wanted

1. The accused or defendants who absconded or whose whereabouts are unknown.

2. Persons who being sentenced to expulsion or serving expulsion sentence absconded.

3. Persons who being sentenced to imprisonment absconded.

4. Persons who being sentenced to death absconded.

5. Persons who serving imprisonment sentence or being permitted to suspend the serving of imprisonment sentence or postpone the serving of criminal sentence absconded.

As regulations above, subjects, who are wanted, are:

- The accused or defendants who absconded or whose whereabouts are unknown.

- Persons who being sentenced to expulsion or serving expulsion sentence absconded.

- Persons who being sentenced to imprisonment absconded.

- Persons who being sentenced to death absconded.

- Persons who serving imprisonment sentence or being permitted to suspend the serving of imprisonment sentence or postpone the serving of criminal sentence absconded.

What is a warrant for arrest in Vietnam? What is the current deadline for canceling an arrest warrant in Vietnam? - Source: Internet

What is the current deadline for canceling an arrest warrant in Vietnam?

Currently, the Criminal Code in 2015 and related guidance documents do not have any provisions on the deadline for canceling a warrant for arrest. However, there are provisions on the time limit for criminal prosecution.

Pursuant to Article 27 of the Criminal Code in 2015, the time limit for criminal prosecution is a time limit set out by this document and upon the expiration of which the offender does not face any criminal prosecution.

Time limits for criminal prosecution:

- 05 years for less serious crimes;

- 10 years for serious crimes;

- 20 years for very serious crimes;

- 20 years for extremely serious crimes.

Note:

- The time limit for criminal prosecution begins from the day on which the crime is committed.

- During the time limit, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed.

- During the time limit, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested.

When shall the wanted notices against suspects be issued in Vietnam?

Pursuant to Clause 1 Article 231 of the Criminal Procedure Code in 2015 stipulating seeking of suspects as follows:

Seeking of suspects

1. Investigative authorities shall decide to issue wanted notices against suspects on the loose or in unknown places.

...

Pursuant to Article 4 of the Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC stipulating issuance of pursuit warrants as follows:

Issuance of pursuit warrants

1. A competent agency may issue a pursuit warrant when fully meeting the following conditions:

a/ Having sufficient grounds to believe that a person specified in Article 2 of this Circular has absconded or that his/her whereabouts is unknown, and all necessary measures to verify his/her whereabouts or arrest him/her have been conducted but in vain;

b/ Having identified accurately the background and identification features of the absconding person.

2. When having sufficient grounds to believe that an accused or a defendant absconded or his/ her whereabouts is unknown, and if the investigative agency, procuracy or court has earlier issued a warrant for his/her temporary arrest but failed, the investigative agency may issue a pursuit warrant, at its own will or the request of the procuracy or court. In case a warrant for the arrest of an accused or a defendant for detention has not been yet issued, the investigative agency, procuracy or court will not issue an arrest warrant in order to temporarily take accused or defendant into custody but the investigative agency may promptly issue a pursuit warrant at its own will or the request of the procuracy or court.

As regulations above, a competent agency may issue a pursuit warrant when fully meeting the following conditions:

+ Having sufficient grounds to believe that a person has absconded or that his/her whereabouts is unknown, and all necessary measures to verify his/her whereabouts or arrest him/her have been conducted but in vain;

+ Having identified accurately the background and identification features of the absconding person.

- When having sufficient grounds to believe that an accused or a defendant absconded or his/ her whereabouts is unknown, and if the investigative agency, procuracy or court has earlier issued a warrant for his/her temporary arrest but failed, the investigative agency may issue a pursuit warrant, at its own will or the request of the procuracy or court.

In case a warrant for the arrest of an accused or a defendant for detention has not been yet issued, the investigative agency, procuracy or court will not issue an arrest warrant in order to temporarily take accused or defendant into custody but the investigative agency may promptly issue a pursuit warrant at its own will or the request of the procuracy or court.

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