Deadline for assignment and resolution of crime reports in Vietnam

Deadline for assignment and resolution of crime reports in Vietnam (Internet image)

To be specific: Article 12 of Circular 28/2020/TT-BCA stipulates the time limit to assign and resolve crime reports and petitions for prosecution in Vietnam as follows:

- The investigative agency and the agencies assigned to carry out certain investigative activities of the people's public security force must comply with the timeframe for assigning and resolving crime reports and petitions for prosecution according to Clause 1 and Clause 2 of Article 147 of the Criminal Procedure Code 2015 of Vietnam and Articles 9 and 11 of Joint Circular 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC. For crime reports and information after being received and classified, if they clearly indicate criminal signs and sufficient grounds for initiating a criminal case, the investigative agency and the agencies assigned to carry out certain investigative activities of the people's public security force shall, based on Article 151 of the Criminal Procedure Code of Vietnam, issue a Decision to prosecute a criminal case or transfer it to a competent authority for prosecution and investigation following the regulations of the Criminal Procedure Code 2015 of Vietnam, without applying the resolution procedures as stipulated in this Circular.

- In case of receiving a request to carry out certain verification activities, resolve crime reports, and petitions for prosecution from another competent investigative authority, and if the verification activities, resolution of crime reports, and petitions for prosecution are considered complicated and prolonged, the investigative agency and the agencies assigned to carry out certain investigative activities of the people's public security force must issue a Decision to assign an authorized person to carry out the verification activities, resolve crime reports, and petitions for prosecution as requested (the timeframe for carrying out the verification activities, resolving crime reports, and petitions for prosecution is based on the time specified in the request document of the requesting competent authority).

More details can be found in Circular 28/2020/TT-BCA, which comes into force in Vietnam from May 15, 2020.

Le Vy

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