Protective measures for the denouncers and other legal proceedings participants in Vietnam

 Protective measures for the denouncers and other legal proceedings participants in Vietnam (Internet image)

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

1. Who are persons under protection?

According to 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. Authorities and individuals authorized to decide the implementation of protective measures in Vietnam

- 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.

(Article 485 of the Criminal Procedure Code 2015)

3. What are the protective measures in Vietnam?

Article 486 of the Criminal Procedure Code 2015 stipulates that 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.

4. What are regulations on petition for and request for protective measures in Vietnam?

- Protected persons are entitled to petition or request in writing competent authorities to implement protective measures. A written petition or request must contain these primary details:

+ Date;

+ Name and address of the petitioner;

+ Reasons and particulars of the petition for protective measures;

+ The signature or fingerprint of the petitioner. The legal representative of the authority or organization petitioning for protection shall affix the corporate seal or his siganture.

- In emergency events, the protected persons can state their requests for protective measures to competent authorities and individuals in direct manner or through means of communication; however, such requests must later be submitted in writing.   Competent authorities and individuals, when receiving the petitions and requests, must execute written records for the archive of protection-related files.

- Units assigned to investigate, procuracies and courts, upon the receipt of a petition or request for protective measures during their procedural actions towards a lawsuit, shall be responsible for considering details and requisitioning the equivalent investigation authority to ratify particulars and decide to implement protective measures.

If the higher People's Procuracy or higher People’s Court receives a petition or request for protection, investigation units of the Ministry of Public Security shall consider details and decide to implement protective measures.

- Investigation authorities must inspect grounds and authenticity of the petition or request for protection. If protective measures are deemed not necessary, relevant reasons must be clearly explained to the petitioner or requester.

(Article 487 of the Criminal Procedure Code 2015)

5. Decisions to implement protective measures in Vietnam

- A decision to implement protective measures shall comprise these main details:

+ Number, issue date and issuing place of the decision;

+ Position of the individual making the decision;

+ Grounds of the decision;

+ Full name, date of birth and residential address of the protected person;

+ Protective measures and starting time of such measures.

- The decision to implement protective measures shall be delivered to the person requesting protection, the protected person, the Procuracy or Court that has proposed protective measures and protection-related authorities and organizations.

- Upon the issuance of the decision to implement protective measures, competent investigation authorities must enforce such measures. Agencies and units of the People’s Police force and People’s Army, in essential circumstances, shall cooperate with relevant authorities to provide protection.

- Investigation authorities issuing the decision can alter or add protective measures, if deemed necessary, during the protection.

- The time of protection shall start upon the implementation of such measures and end upon the decision to terminate protective measures.

(Article 488 of the Criminal Procedure Code 2015)

6. What are the cases of termination of protection in Vietnam?

- The head of the investigation authority, which issued the decision to implement protective measures, shall decide to terminate such measures when detriments or menaces against the life, health, property, honor and dignity of the protected person are deemed to vanish.

- The decision to terminate protective measures must be sent to the protected person, the authority that proposed such measures and protection-related authorities and organizations.

(Article 489 of the Criminal Procedure Code 2015)

Nguyen Ngoc Que Anh

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