Should it be called an Invitation or a Summon?

01:17, 12/07/2024

Recently, my family suffered a loss of some assets (laptop, phone, and some jewelry). I reported it to the police and asked them to come and handle the matter. Today, I received a summons requesting me to come to the police station to verify some issues. I think that sending a summons feels more like a mandatory requirement rather than a voluntary one, as if I were guilty, whereas I should have received an invitation letter because I am the victim. Is there any regulation that clearly distinguishes these two concepts?

Regarding your issue, the Legal Secretary has the following exchanges:

Currently, there are no regulations to distinctly differentiate between the two concepts of invitation letter and summons letter, which has led to considerable controversy among the public and law enforcers.

Invitation Letter is a type of letter sent to individuals involved or knowledgeable about a case, with the purpose of collecting necessary information and related content. Hence, if one receives an invitation letter, the invitee has the right to choose whether to comply because there is no binding regulation.

In Section 1 of Circular No. 01/2006/TT-BCA(C11) it is clearly stated: "Summons Letter is a criminal procedure form used in criminal procedural activities; therefore, only investigative agencies or other agencies within the People's Public Security entrusted with some investigative activities are authorized to use it. The use of a summons letter must conform to the correct purpose, target, sequence, and procedures stipulated by the Criminal Procedure Code of 2003."

Also, according to this Circular, when summoning individuals for testimony, investigators must carefully consider each specific case to propose to the Head or Deputy Head of the Investigative Agency assigned to direct the investigation of the case to sign the summons letter or invitation letter to the Investigative Agency's office for testimony or to take testimony at the residence or workplace.

Moreover, the Criminal Procedure Code of 2003 clearly specifies that the scope of persons who can be summoned must be one of the participants in the proceedings: victims, suspects, defendants, plaintiffs, persons with related rights and obligations to the case, witnesses, defense counsels, experts, interpreters.

Regarding your case, as a person who has lost property but received a summons letter, it implies that your presence is mandatory to verify the loss of property and that this case has likely been prosecuted under criminal procedure. Your presence as the victim is a right, enabling a swift resolution of the matter.

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