What is a summons? Regulations on summoning of suspects in Vietnam

What is a summons? Regulations on summoning of suspects in Vietnam (Source: Internet)

What is a summons?

According to Circular 01/2006/TT-BCA(C11), the summons is a criminal procedure form used in criminal proceedings, so only the investigating agency or other agency in the People's Public Security can be tasked with conducting some of the newly employed investigative activities.

In addition, Circular 01/2006/TT-BCA(C11) also stipulates the following summons:

- The use of summons must be for the right purposes, for the right subjects, in accordance with the order and procedures prescribed by the Criminal Procedure Code.

- Summons to bail the suspect; summons or invitations for witnesses, victims, civil plaintiffs, civil defendants, and persons with interests and obligations related to the case to investigative agencies to work only once is worth it.

- It is strictly forbidden to take advantage of the use of summons to deal with improper purposes, subjects, functions, and authorities, such as taking advantage of signing, using summons to call many times to ask questions about irrelevant matters unrelated to the case;

Or ask again and again about a problem that they have presented, affecting the normal operation of agencies and organizations, discrediting agencies, organizations, and individuals.

- It is strictly forbidden for investigators to call or through other people to ask the summoned person to work without a summons or invitation.

- Before convening or inviting, the investigator must calculate the time and travel of the summoned person to avoid causing trouble in terms of time or repeated travel of the summoned or invited person.

Or if the person summoned or invited is too far away from the headquarters of the investigating agency, they can be summoned or invited to the police headquarters where they live or work to take testimony or report to the head or the deputy head of the investigating agency assigned to direct the investigation of the case shall entrust the investigation.

2. Regulations on summoning of suspects in Vietnam

The summoning of the suspects in Vietnam is prescribed in Article 182 of the Criminal Procedure Code 2015 as follows:

- Investigators, when convening a suspect, must send out a subpoena. A subpoena for a suspect shall specify the suspect’s full name and residential address; time, date and location for his appearance, schedule of tasks, contact individuals and liabilities for absence not due to force majeure or objective obstacles.

- The subpoena shall be sent to local authorities at the commune, ward or town where the suspect resides or his workplace or educational facility. The authorities or organizations receiving the subpoena are held responsible for forwarding it to the suspect in prompt manner.

The suspect, when receiving the subpoena, must sign and date the recipient’s Section. The forwarder of the subpoena shall deliver the subpoena’s Section bearing the suspect’s signature to the authority issuing the subpoena.

If the suspect does not affix signature, a written record of his non-compliance shall be made and sent to the summoning authority. If the subpoena cannot be delivered due to the suspect’s absence, it shall be given to his family member possessing legal capacity, who affixes signature and forward the paper to the suspect.

- The suspect bear the obligation to appear as per the subpoena. Avoidance behavior or absence not due to force majeure or objective obstacles shall lead to investigators’ decision to deliver by force.

- Procurators, if necessary, may convene suspects. Summoning of a suspect shall be governed by this Section.

Quoc Dat

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