Form of Procuracy's decision on suspension, dismissal and resumption of the case in Vietnam

Form of Procuracy's decision on suspension, dismissal and resumption of the case in Vietnam (Internet image)

1. Regulations on suspension of cases in Vietnam

Suspension of cases under Article 247 of the Criminal Procedure Code 2015 (amended in 2021) as follows:

- The procuracy shall decide to suspend a case in the following events:

+ If judicial expert examination finds that the suspect suffer from mental illness or fatal diseases, the case may be suspended prior to the expiration of the time limit for the issuance of a decision to prosecute;

+ Though the time limit for issuing a decision to prosecute expires, the suspect absconds to an unknown location. In this event, investigation authorities shall be requested to release a wanted notice against the suspect prior to the suspension of the case. The search for the suspect shall abide by Article 231 of Criminal Procedure Code 2015;

+ Time limit for issuing a decision to prosecute expires while expert examination, valuation process or judicial assistance, though requested, does not progress. In such event, expert examination, valuation process and judicial assistance shall continue until results are achieved.

+ When it is not possible to conduct legal activities to decide the prosecution due to force majeure due to natural disasters or epidemics but the time limit for deciding the prosecution has expired.

- A decision to suspend a case must specify reasons and justifications for suspension, relevant details and other matters as stated in Section 2, Article 132 of Criminal Procedure Code 2015.

If there are several suspects in one case but the reason for case suspension does not apply to all of them, the lawsuit against each suspect shall be suspended separately.

- According to Clause 2, Article 132 of the Criminal Procedure Code 2015, the procedural documents include orders, decisions, requests, investigation findings, charges, judgments and other procedural documents universally formatted for procedural activities. Procedural documents must bear:

+ Number, issue date and issuing place of the procedural document;

+ Grounds for the issuance of the procedural document;

+ Contents of the procedural document;

+ Full name, position and signature of the individual issuing the procedural document and official seal.

In case a case has many defendants and the grounds for suspending the case are not related to all defendants, the case shall be temporarily suspended for each defendant.

2. Regulations on dismissal of cases in Vietnam

According to Article 248 of the Criminal Procedure Code 2015, the dismissal of the case is as follows:

- The procuracy shall decide not to prosecute and to dismiss the case when possessing one of the justifications as defined in Section 2, Article 155 and Article 157 of the Criminal Procedure Code 2015 or as stated in Article 16 or Article 19 or Section 2, Article 91 of the Criminal Code.

- A decision to dismiss a case must specify reasons and justifications for the dismissal of the case, termination of preventive and coercive measures, handling of evidences, documents and items impounded (if any), other relevant matters and other details as stated in Section 2, Article 132 of the Criminal Procedure Code 2015.

If there are many suspects in one case but the justifications for case dismissal do not apply to all of them, the case shall be dismissed separately for each suspect.

3. Regulations on resumption of cases in Vietnam

According to Article 249 of the Criminal Procedure Code 2015, the resumption of cases is as follows:

- The procuracy, when having justifications to annul the decision to suspend or dismiss a case, shall decide to resume the case if the prescriptive period for criminal prosecution remains effective. If the case is dismissed according to Section 5 and Section 6, Article 157 of the Criminal Procedure Code 2015 without the consent of the suspect who petitions for case resumption, the Procuracy shall decide to resume the case. The case can be resumed fully or partly against each suspect.

- A decision to resume a case must specify reasons and justifications for case resumption, relevant matters and details as stated in Section 2, Article 132 of the Criminal Procedure Code 2015.

- The procuracy, in 03 days upon making the decision, shall send the decision to resume case or lawsuit against a suspect to the suspect, his defense counsel or representative, authorities closing the investigation; and send a notice to the crime victims, litigants and protectors of their legitimate rights and benefits.

The delivery of the decision to resume the case or lawsuit against the suspect shall be executed in writing and inputted into the case file.

- The time limit for issuing a decision to prosecute upon the resumption of the case shall be subject to universal stipulations in this Law and commence upon the Procuracy’s issuance of the decision to resume the case.

- The procuracy, when resuming a case, shall be entitled to enforce, alter or terminate preventive and coercive measures as per the Criminal Procedure Code 2015.

If there are justifications for detention as per the Criminal Procedure Code 2015, the duration of detention for the resumption of the case shall not exceed the time limit for the issuance of a decision to prosecute.

4. Form of the Procuracy's decision on suspension, dismissal and resumption of the case in Vietnam

Form of the Procuracy's decision on suspension, dismissal and resumption of the case, made according to Form No. 134/HS, Form No. 138/HS and Form No. 142/HS in the List promulgated together with Decision 15/QD-VKSTC January 9, 2018 respectively:

Form No. 134/HS

Form No. 138/HS

Form No. 142/HS

Quoc Dat

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