Procedures for issuing and delivering procedural documents by hand in criminal cases in Vietnam

Procedures for issuing and delivering procedural documents by hand in criminal cases in Vietnam (Internet image) 

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

1. What are procedural documents?

According to Article 132 of the Criminal Procedure Code 2015, procedural documents include orders, decisions, requests, investigation findings, charges, judgments and other procedural documents universally formatted for procedural activities.

Procedural documents must bear:

- Number, issue date and issuing place of the procedural document;

- Grounds for the issuance of the procedural document;

- Contents of the procedural document;

- Full name, position and signature of the individual issuing the procedural document and official seal.

2. Procedures for issuing and delivering procedural documents by hand in criminal cases in Vietnam

Procedures for issuing and delivering procedural documents by hand in criminal cases in Vietnam according to Article 138 of the Criminal Procedure Code 2015 are as follows:

- The individuals issuing and delivering procedural documents shall directly pass such documents to the recipients. The recipients must sign a record or delivery journal. The time limit for legal procedure commences on the date of the recipient’s affixture of signature onto the record or delivery journal.

- If the recipient is absent, procedural procedures may be given to his family members with adequate legal capacity and such persons must undertake to hand over documents to the recipient promptly. The date of the family member’s affixture of signature is the issue date or sending date of the procedural documents.

If procedural documents cannot be delivered to the recipient as stipulated in this Section, such documents may be handed to local authorities in the commune, ward or town where the recipient resides or his workplace or education facility and forwarded to the recipient.

The authorities and organizations concerned must report to the competent procedural authorities making requests about the outcome of the issuance and delivery of procedural documents. The date of the family member’s affixture of signature is the issue date or sending date of the procedural documents.

- If the recipient is absent or his address is unknown, the individuals issuing or delivering documents must execute a written record of their failure confirmed by the representative of authorities near the recipient’s dwelling, or his workplace or educational facility.

If the recipient disapproves delivery of procedural documents, the individuals issuing or delivering such documents must execute written records of the recipient's refusal, which shall be confirmed by  the representative of authorities near the recipient’s dwelling, or his workplace or educational facility.

- If procedural documents are delivered to an organization, they shall be handed to the representative of such organization, who affixes his signature. The time limit for legal procedure commences on the date of the said representative's affixture of signature onto the record or delivery journal.

3. Procedures for announcing procedural documents through mass media in Vietnam

Procedures for announcing procedural documents through mass media in Vietnam under Article 140 of the Criminal Procedure Code 2015 are as follows:

- Procedural documents are announced through mass media when proclamation of such documents are ineffective or other circumstances occur as per the laws.

- Documents announced through mass media shall be posted on 03 consecutive issues of a daily newspaper run by the state and broadcasted by a governmental radio or television station three times per day in 03 continuous days.

The time limit for legal procedure commences on the final date of announcement.

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