Time limit for investigation in Vietnam

Time limit for investigation in Vietnam (Internet image)

1. Time limit for investigation in Vietnam

In Clause 1, Article 172 of the Criminal Procedure Code 2015, the time limit for investigation is as follows:

The time limit for a criminal investigation shall not exceed 02 months for misdemeanors, 03 months for felonies and 04 months for horrific and extremely severe felonies. The time limit applies from the filing of charges to the end of the investigation.

2. Extension of time limit for investigation in Vietnam 

The extension of time limit for criminal investigation is specified in Clause 2, Article 172 of the Criminal Procedure Code 2015 as follows:

- If an investigation must be extended due to the case’s complexity, the investigation authority shall, within 10 days prior to the expiry date of the time limit, requisition the Procuracy’s extension of investigation.

- An investigation is extended as follows:

+ An investigation into misdemeanors may be extended once for 02 more months;

+ An investigation into felonies may be extended twice, for 03 more months in the first time or for 02 more months in the second time;

+ An investigation into horrific felonies may be extended twice, for 04 more months each time;

+ An investigation into extremely severe felonies may be extended thrice, for 04 more months each time.

Note: If the investigation into extremely severe felonies is incomplete, despite the expiration of its time limit, due to the case’s complexity, the head of the Supreme People’s Procuracy may sanction one extension for at most 04 more months.

The head of the Supreme People’s Procuracy is entitled to extend an investigation into breach of national security once for at most 04 more months.

- If a decision to press criminal charges or to join issues into one lawsuit is amended, the total time limit for investigation shall not exceed the limits as defined in Section 1, 2 and 3 of Article 172 of the Criminal Procedure Code 2015.

3. The Procuracy's authority to extend the investigation time limit in Vietnam

Pursuant to Clause 5, Article 172 of the Criminal Procedure Code 2015, the procuracy's authority to extend an investigation:

- An investigation into misdemeanors is extended by a district People’s Procuracy or local Military procuracy. If a provincial investigation authority or military investigation authority of a military zone handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone shall decide the extension of investigation;

- A district People’s Procuracy or local Military procuracy shall ratify the first and second extensions of an investigation into felonies.

If a provincial investigation authority or military investigation authority of a military zone handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone shall decide the first and second extensions of such investigation;

- A district People’s Procuracy or local Military procuracy shall ratify the first extension of an investigation into horrific felonies while the provincial People’s Procuracy or Military procuracy of a military zone shall decide the second extension.

If a provincial investigation authority or military investigation authority of a military zone handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone shall decide the first and second extensions of such investigation;

- A provincial People’s Procuracy or Military procuracy of a military zone shall ratify the first and second extensions of an investigation into extremely severe felonies while the Supreme People’s Procuracy or central military People’s Procuracy shall decide the third extension;

Note: If an investigation authority of the Ministry of Public Security, Ministry of Defense or People’s Supreme Procuracy handles the investigation, the Supreme People’s Procuracy or Central military procuracy shall decide to extend the investigation.

Vo Ngoc Nhi

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