Protected persons in Vietnam under the Criminal Procedure Code 2015

Protected persons in Vietnam under the Criminal Procedure Code 2015 (Internet image)

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

1. Protected persons in Vietnam under the Criminal Procedure Code 2015

According to Clause 1, Article 484 of the Criminal Procedure Code 2015, the following persons shall be protected:

- Denouncers;

- Witness testifiers;

- Crime victims;

- Kindred of denouncers, witness testifiers, crime victims.

2. Rights and obligations of protected persons

The rights and obligations of those protected under Clauses 2 and 3, Article 484 of the Criminal Procedure Code 2015 are as follows:

* Protected persons shall have rights to:

+ Petition for protection;

+ Receive information and explanations of their duties and rights;

+ Be informed of the implementation of protective measures; petition for the alteration, addition or termination of protective measures;

+ Receive amends for damage, have honor restored and have legitimate rights and benefits guaranteed during their protection.

* Protected persons shall bear duties to:

+ Conform to the protection authorities’ requests regarding the protection;

+ Maintain confidentiality of information protected;

+ Inform the protection authorities of doubts in prompt manner during the protection.

3. Regulations on authorities and individuals authorized to decide the implementation of protective measures in Vietnam

Regulations on Authorities and individuals authorized to decide the implementation of protective measures in Vietnam according to Article 485 of the Criminal Procedure Code 2015 are as follows:

- The following authorities shall be given authority to implement protective measures:

+ Investigation units of the People’s police force;

+ Investigation units of the People’s army.

- The following individuals shall be given authority to make decisions on protective measures:

+ Heads and vice heads of investigation units of the People’s police force shall be given authority to decide to implement protective measures for criminal issues and cases that they have admitted, handled or investigated or at the requests for the equivalent People's Procuracy or People's Court or Supreme People's Procuracy;

+ Heads and vice heads of investigation units of the People’s army shall be given authority to decide to implement protective measures regarding criminal issues and cases that they have admitted, handled or investigated or at the requests for the equivalent military Procuracy or military Court or Central military procuracy;

- People’s procuracies and People’s courts shall propose investigation authorities that directly handle the criminal case to implement protective measures, if deemed necessary. Such requests shall be executed in writing.

Investigation units of the Supreme People's Procuracy or Central military procuracy, if finding the necessity of protective measures regarding criminal issues and cases that they have admitted, handled or investigated, shall report to the head of the Supreme People’s Procuracy or Central military procuracy, who shall propose investigation police units, security investigation department of the Ministry of Public Security, criminal investigation department and security investigation department of the Ministry of Defense to issue a decision to implement protective measures.

4. Protective measures for protected persons

Protective measures for those protected under Article 486 of the Criminal Procedure Code 2015 are as follows:

- Authorities and persons authorized to institute legal proceedings shall decide to implement the following protective measures on the grounds that the life, health, property, honor or dignity of the protected persons are harmed or menaced due to such persons’ provision of evidences, documents and information related to crimes:

+ Deploy personnel, implement professional measures, utilize weapons, support equipment and other means for guard and protection;

+ Constrain the protected persons' travel and interaction for their safety;

+ Maintain and request other people to maintain the confidentiality of information related to the protected persons;

+ Displace protected persons, encase information of their residential place, workplace or educational facility; change their whereabouts, personal records and identities, with their consent;

+ Deter, warn or attenuate intrusive actions against the protected persons; hinder and resolve intrusive actions in timely manner according to the laws;

+ Other protective measures as per the laws.

- The implementation and alteration of protective measures as defined in Section 1 of Article 486 of the Criminal Procedure Code 2015 must not impinge on legitimate rights and benefits of the protected persons.

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