Guidance on handling upon arrest or receipt of persons arrested under pursuit warrants in Vietnam

Guidance on handling upon arrest or receipt of persons arrested under pursuit warrants in Vietnam (Image from the Internet)

1. Content of pursuit warrants in Vietnam

The content of the pursuit warrants in Vietnam according to Article 5 of the Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC is as follows:

- The wanted decision must contain the following main contents:

+ Date, month, year, and location of issuing the wanted decision;

+ Name of the agency; full name and position of the individual issuing the wanted decision;

+ Full birth name, other aliases (if any), date, month, year of birth, registered permanent residence, temporary residence, or other places (if any) of the wanted individual;

+ Identifiable features and accompanying photos (if any);

+ The crime charged, prosecuted, or convicted of, along with the sentence pronounced by the court for the wanted individual (if any);

+ Address and contact phone number of the agency that issued the wanted decision.

- If the accused or defendant commits multiple offenses, the wanted decision must indicate all charges of the accused or defendant.

2. Guidance on handling upon arrest or receipt of persons arrested under pursuit warrants in Vietnam

The handling upon arrest or receipt of persons arrested under pursuit warrants in Vietnam is stipulated in Article 13 of the Joint Circular 13/2012/TTLT-BCA-BTP-VKSNDTC-TANDTC as follows:

- After arresting or receiving the arrested individual under the wanted decision (including cases where the wanted individual surrenders), the investigating agency that arrested or received the wanted individual must take the individual’s statement (create a profile and fingerprint record, photograph the arrested individual) and immediately send a notification (with the profile, fingerprint record, and photograph of the arrested individual) to the agency that issued the wanted decision so they can take custody of the arrested individual.

- If it is determined that the agency that issued the wanted decision cannot immediately take custody of the arrested individual, the investigating agency that arrested or received the individual shall issue a temporary detention decision and immediately send the temporary detention decision to the same-level Procuracy. If the agency that issued the wanted decision still does not take custody of the arrested individual, at least 12 hours before the end of the temporary detention period, the investigating agency that arrested or received the individual must transfer the dossier and send an official dispatch request to the same-level Procuracy for an extension of the temporary detention for the arrested individual. The extension period and approval of temporary detention extensions are carried out according to the provisions of Clause 2, Article 118 of the Criminal Procedure Code 2015.

- Upon receiving the notification with the profile, fingerprint record, and photograph of the arrested individual, the agency that issued the wanted decision must immediately verify whether the individual is indeed wanted; if confirmed, they must promptly take custody of the individual; if not, they must inform the investigating agency holding the arrested individual immediately for legal processing. If immediate custody is not possible, the agency authorized to take temporary custody must immediately issue a temporary custody order and send it along with the wanted decision to the same-level Procuracy for approval.

The Procuracy has a responsibility to review and approve the temporary detention order within 24 hours from receipt of the approval request, thus enabling the agency that issued the wanted decision to promptly send the temporary detention order along with the approval decision to the investigating agency that arrested or received the individual. Upon receiving the approved temporary detention order, the investigating agency must immediately send the approved order to the detention center or holding facility where the individual is detained.

- In cases where the arrested individual is under a wanted decision by the criminal judgment enforcement agency or detention centers, if the agency that issued the wanted decision cannot take custody 12 hours before the end of the temporary detention period, they must send the enforceable judgment, imprisonment enforcement decision, expulsion enforcement decision to the investigating agency that arrested or received the individual (if distant, send the documents by Fax, followed by the original) as a basis for detention or placement in a holding facility (for expulsion penalty cases).

- If the competent agency issued the wanted decision at the request of the Procuracy or Court, within 24 hours of receiving written notification of the arrest, the Procuracy or Court must immediately issue a temporary detention order and send it to the investigating agency that arrested or received the individual (if distant, Fax the temporary detention order first, then send the original), and notify the agency that issued the wanted decision of the issuance of the temporary detention order.

- Before the end of the 24-hour temporary detention period (including any extension), if the detention center or holding facility does not receive the temporary detention order from the investigating agency that issued the wanted decision, or the Procuracy or Court where the wanted decision was requested, the detention center or holding facility must immediately notify the investigating agency that arrested or received the wanted individual. Upon receipt of this notification, the investigating agency must issue a written request for the agency that issued the wanted decision to immediately take custody of the arrested individual.

- In cases where one individual has multiple wanted decisions, after arresting the individual according to one decision, the investigating agency must inform the agency that issued the decision to take custody. That agency must inform the other agencies that issued the wanted decisions to issue cancellation decisions and coordinate the investigation according to legal provisions.

- When handing over the arrested individual under the wanted decision to the issuing agency, the investigating agency must transfer all related documents including: the arrest record, the individual's statement, temporary detention decision, temporary detention extension decision, temporary detention order, the Procuracy's temporary detention approval, fingerprint record, profile and other related documents (if any). An official handover record must be made accordingly.

- When escorting the wanted individual, if an overnight stay is necessary, the escort officer must present the paperwork and propose to place the individual in the nearest holding facility or detention center. The head of the holding facility or warden of the detention center is responsible for checking the individual's documents and completing the procedures for temporary accommodation.

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