Newest guidance on procedures for registering the protection of legitimate rights and interests of the defendants in Vietnam

Newest guidance on procedures for registering the protection of legitimate rights and interests of the defendants in Vietnam (Image from Internet)

1. Timing of participation of protectors of legitimate rights and interests of defendants in Legal Proceedings in Vietnam

The timing of participation by protectors of legitimate rights and interests of defendants, litigants, persons denunciated or facing requisitions for charges in legal proceedings according to Article 7 of Circular 46/2019/TT-BCA is as follows:

- The timing for protectors of the legitimate rights and interests of defendants, persons denunciated or facing requisitions for charges to participate in legal proceedings starts from the issuance of the Decision assigning the handling of allegations, crime reports, or recommendations for prosecution and when there are grounds to determine the standing in the legal proceedings of the victim, the accused, or those recommended for prosecution.

- The timing for protectors of the legitimate rights and interests of civil plaintiffs, civil defendants, and parties with related interests and obligations in criminal cases starts from the issuance of the decision to initiate criminal cases and when there are grounds to determine the standing in the legal proceedings of the civil plaintiffs, civil defendants, or parties with related interests and obligations in criminal cases.

2. Newest guidance on procedures for registering the protection of legitimate rights and interests of the defendants in Vietnam

According to Article 9 of Circular 46/2019/TT-BCA, the procedures for registering the protection of the legitimate rights and interests of defendants, litigants, persons denunciated or facing requisitions for charges are as follows:

- When registering for the protection of legitimate rights and interests, the protectors of the legitimate rights and interests of defendants, litigants, persons denunciated or facing requisitions for charges must present the following documents:

+ Lawyers must present their Lawyer Card along with a certified copy and a letter requesting the lawyer to protect the legitimate rights and interests of the victim, participant, accused, and those recommended for prosecution;

+ People's defenders must present their Identity Card or Citizen Identification Card along with a certified copy and a document appointing the people's defender from the Vietnam Fatherland Front and its member organizations;

+ Representatives of defendants, litigants, persons denunciated or facing requisitions for charges must present their Identity Card or Citizen Identification Card along with a certified copy and a document confirming their relationship with the victim, participant, accused, and those recommended for prosecution from a competent authority.

- The criminal duty unit of the Investigative Agency or the criminal duty unit of each individual investigative unit (in cases where there is no common criminal duty unit), the duty officers of the agencies assigned to conduct certain investigative activities are responsible for receiving the registration dossiers for the protection of legitimate rights and interests. Upon receiving the registration dossiers, for the Investigative Agency organizing a common criminal duty unit, the duty officer must record the exact hour, day, month, and year of receipt in the criminal duty log, immediately transfer it to the unit handling the case for stamping and immediately assign it to the Investigating Officer assigned to handle the case.

For the investigative units organizing a separate criminal duty unit, the agencies assigned to conduct certain investigative activities, the criminal duty officer is responsible for stamping the incoming documents, recording the exact hour, day, month, and year of receipt, and immediately transferring them to the Investigating Officer or Officer assigned to handle the case.

Investigating Officers or Officers are responsible for receiving and checking the dossier. If the dossier meets the requirements specified in Clause 1, Article 9 of Circular 46/2019/TT-BCA, within no more than 24 hours from the time of receipt, the Investigating Officer or Officer must submit the dossier to the Head or Deputy Head of the Investigative Agency (when authorized by the Head), or the Head or Deputy Head of the agency assigned to conduct certain investigative activities for signing the Notice of Registration for the Protection of legitimate rights and interests and entering it into the registration log for the protection of legitimate rights and interests. If the registration dossier does not meet the requirements specified in Clause 1 of this Article, the Investigating Officer or Officer must inform the registrant to supplement the dossier.

In cases where there are grounds to refuse the registration for the protection of the legitimate rights and interests of the victim, participant, accused, or those recommended for prosecution, the handling agency must notify in writing and clearly state the reasons for refusal to the protector of the legitimate rights and interests of the victim, participant, accused, or those recommended for prosecution.

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