Resolution 04/2004: Detention period of the accused before trial in Vietnam

13:39, 11/07/2024

According to the guidance in Resolution 04/2004/NQ-HDTP of the Judicial Council of the Supreme People's Court, the determination of the detention period for defendants before the trial preparation phase of the first-instance trial is stipulated as follows:

Case	Resolution	Duration of temporary detention in Vietnam
For the accused who is already under temporary detention and when the detention period is near expiration (remaining detention period not exceeding 05 days) and it is necessary to continue the detention	The judge assigned as the presiding judge of the court session shall request the Chief Justice or Deputy Chief Justice of the Court to issue a detention order	No more than 45 days for less serious crimes; No more than 02 months for serious crimes; No more than 02 months 15 days for very serious crimes; No more than 03 months 15 days for particularly serious crimes. The detention period is calculated from the date of receiving the case file
For the accused who is already under temporary detention and the detention period remains, when the detention period is near expiration (remaining detention period not exceeding 05 days) and it is necessary to continue the detention	The judge assigned as the presiding judge of the court session shall request the Chief Justice or Deputy Chief Justice of the Court to issue a detention order	The detention period shall not exceed the preparation period for trial as stated below and must subtract the days of detention in the previous detention order: No more than 45 days for less serious crimes; No more than 02 months for serious crimes; No more than 02 months 15 days for very serious crimes; No more than 03 months 15 days for particularly serious crimes. The detention period is calculated from the day following the last day of the previous detention order
For the accused who is out on bail, if after receiving the case file or during the period of studying the case file, it is deemed necessary to apply temporary detention in Vietnam	The judge assigned as the presiding judge of the court session shall request the Chief Justice or Deputy Chief Justice of the Court to issue an immediate arrest and detention order	Determined according to the remaining preparation period for trial and shall not exceed the preparation period for trial as stated below: 45 days for less serious crimes; 02 months for serious crimes; 02 months 15 days for very serious crimes; 03 months 15 days for particularly serious crimes. The detention period is calculated from the date the detention starts
In case the preparation period for trial needs to be extended, if when the detention period is near expiration (remaining detention period not exceeding 05 days) for the above-mentioned cases and it is deemed necessary to continue detention	The Chief Justice of the Court has the authority to issue a continued detention order	The detention period shall not exceed the extended trial preparation period as stated in Paragraph 2 Clause 2 Article 176 of the Criminal Procedure Code 2003: No more than 15 days for less serious and serious crimes; No more than 30 days for very serious and particularly serious crimes.
In cases where a criminal case involves multiple defendants being prosecuted for different types of crimes (less serious, serious, very serious, particularly serious)		The detention period for each defendant shall not exceed the trial preparation period for the most serious crime for which the defendant is prosecuted
In cases where the assigned judge presiding over the court session issues a decision to discontinue the case according to Clause 2 Article 105 and Clauses 3, 4, 5, and 6 of Article 107 of the Criminal Procedure Code 2003, or when the Procuracy withdraws the entire prosecution decision before the court session if the accused is under temporary detention in Vietnam	The judge assigned as the presiding judge of the court session shall request the Chief Justice or Deputy Chief Justice of the Court to issue a decision to cancel the temporary detention measure and release the accused immediately, if they are not being detained for other illegal acts