Regulations on settlement in case a wanted person self-surrenders in Vietnam

Regulations on settlement in case a wanted person self-surrenders in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Subjects who are wanted in Vietnam 

According to Article 2 of Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC, subjects who are wanted include:

- 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.

2. Regulations on settlement in case a wanted person self-surrenders in Vietnam

The settlement in case a wanted person self-surrenders according to Article 16 of Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC is as follows:

- When a wanted person self-surrenders to a state agency or social organization, the latter shall promptly notify such to the nearest police office for sending officers to receive him/her and making a written record of the surrender.

If a wanted person self-surrenders to a police office, procuracy or People's Committee, the latter shall make a written record of the surrender and promptly escort him/her to a competent investigative agency.

- Upon receiving a wanted person self-surrendering, an investigative agency shall make a written record of the surrender (if the handing agency has not yet made one) and take his/her statements on his/her crime, absconding time, reason(s) for surrendering and other relevant matters.

- The surrendering of wanted offenders is regarded as an extenuating circumstance as prescribed in Clause 2, Article 46 of the Criminal Code 2015.

- A person subject to an imprisonment sentence execution decision who has absconded and been pursued and now self-surrenders but suffering a serious illness (with conclusion of the medical council of a provincial or higher-level hospital) or be pregnant (certified by a district or higher-level general hospital)

Or is nursing an under-36-month infant or the sole laborer in his/her family (certified by the local administration) and whose family will encounter great difficulties if he/she has to serve the imprisonment sentence may be permitted by the court to suspend the serving of the imprisonment sentence under Article 61 of the Criminal Code 2015.

3. Contents of pursuit warrants in Vietnam

The contents of pursuit warrants under Article 5 of Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC are as follows:

- A pursuit warrant must have the following principal details:

+ Date and place of issuance;

+ Name of the agency, full name and position of the person issuing pursuit warrant;

+ Full name as indicated in the birth certificate, alias (if any), date of birth, place of permanent residence registration, place of temporary residence or another place of residence (if any) of the subject who is wanted;

+ Personal identification characteristics and enclosed photos (if any);

+ Crime for which he or she has been accused, prosecuted or convicted, and penalty level (if any) sentenced by the court against him/her;

+ Address and contact telephone number of the agency issuing the pursuit warrant.

- For an accused or a defendant who has committed more than one crime, a pursuit warrant must specify all crimes he/she has committed.

4. Sending and notification of pursuit warrants in Vietnam

According to Article 6 of Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC, regulations on sending and notification of pursuit warrants are as follows:

- A pursuit warrant must be sent to:

+ The police office of the commune, ward or district township and the police offices of the districts where the wanted person has registered his/her permanent or temporary residence and places of residence and of his/her native place;

+ The police department of the province or centrally-affiliated city where the wanted person probably absconds, or the police departments of all provinces and centrally-affiliated cities;

+ The Police Department for Criminal Pursuit of the Ministry of Public Security; and the Police Section for Criminal Pursuit of the provincial-level Police Department (that has issued the pursuit warrant);

+ The professional agency in charge of case dossiers (in place which the dossiers are registered);

+ The people's procuracy that has requested the issuance of a pursuit warrant; the people's procuracy at the same level with the investigative agency issuing the pursuit warrant; or the provincial-level people's procuracy of the locality where there are prison or detention camp and the criminal judgment enforcement agency issuing the pursuit warrant;

+ The people's court that has requested the investigative agency for issuing a pursuit warrant.

- Pursuit warrants must be notified on the mass media so that all agencies, organizations and individuals can know, detect and arrest subjects who are wanted.

Le Truong Quoc Dat

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