In what cases is emergency custody allowed in criminal proceedings in Vietnam?

In what cases is emergency custody allowed in criminal proceedings in Vietnam? (Internet image)

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

1. In what cases is emergency custody allowed in criminal proceedings in Vietnam?

According to Clause 1, Article 110 of the Criminal Procedure Code 2015, emergency custody of a person is permitted in one of the following events:

- There are substantial evidences that such person is going to commit a horrific or extremely severe felony;  

- The accomplice committing the crime, or the perpetrator of the crime, who was identified by the crime victim or a person at the crime scene, must be obstructed from escape;

- A person carrying criminal traces or a suspect whose residence, workplace or tools contain criminal traces must be obstructed promptly from escaping or disposing evidences.

2. Who are entitled to issue an order of emergency custody in criminal proceedings in Vietnam?

The following individuals are entitled to issue an order of emergency custody:

- Head and vice heads of investigation authorities;

- Heads of independent units at regiment level and equivalent ones, commanding officers of border protection posts;

Commanders of border protection units at border gates, captains of border protection units in provinces and centrally-affiliated cities, heads of border reconnaissance departments and drug and crime departments of the border protection force, heads of special services against drug and crime of the border protection force;

Zone commanders of maritime police force, heads of specialized and legal departments of the maritime police force, heads of special service of drug enforcement of the maritime police force; heads of zonal bureaus of fisheries resources surveillances;

- Commanding pilots and captains of aircrafts and ships leaving airports or sea ports.

(Clause 2, Article 110 of the Criminal Procedure Code 2015)

3. Essential actions upon emergency custody, arrest or intake of arrestees and detainees in Vietnam

Essential actions upon emergency custody, arrest or intake of arrestees and detainees specified in Article 114 of the Criminal Procedure Code 2015 are as follows:

- Upon holding a person in emergency custody, arresting persons or taking in arrestees and detainees, investigation authorities and units assigned to investigate must take statements promptly and, within 12 hours, make decisions on temporary detainment or discharge of the arrestee.

- Investigation authorities, after taking in and acquiring statements from wanted arrestees, must inform the authority issuing the wanted notice for the transfer of the arrestee. After taking in the arrestee, the authority issuing the wanted notice must promptly issue a decision on terminating the wanted notice.

If the authority issuing the wanted notice fails to attain the arrestee promptly, the authority taking in the arrestee, after taking statements, shall issue a decision on temporary detainment and inform the former.

If the authority issuing the wanted notice still does not acquire the arrestee upon the end of the temporary detainment, the latter shall extend the time of detainment and submit the written extension of the time of detainment and relevant documents to the equivalent Procuracy for approval.

If failing to acquire the arrestee promptly, the authority issuing the wanted notice and authorized for detention must issue a temporary detention order approved by the equivalent Procuracy to the investigation authority taking in the arrestee.

Upon receiving the detention order, the investigation authority taking in the arrestee must delivery by force such arrestee to the nearest detention center in prompt manner.

- If several wanted notices are issued against an arrestee, the authority taking in the arrestee transfers such arrestee to the nearest authority that issued a wanted notice.

Nguyen Ngoc Que Anh

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