Time limit for the issuance of decisions to prosecute in Vietnam

Time limit for the issuance of decisions to prosecute in Vietnam (Internet image)

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

1. Time limit for the issuance of decisions to prosecute in criminal proceedings in Vietnam

Time limit for the issuance of decisions to prosecute under Article 240 of the Criminal Procedure Code 2015 is as follows:

- A Procuracy, in 20 days for misdemeanors and felonies or 30 days for horrific and extremely severe felonies upon receiving case files and written conclusion of investigation, must make one of the following decisions:

+ Prosecute suspects in a Court;

+ Return documents for further investigation;

+ Dismiss or adjourn the case; dismiss or adjourn lawsuits against suspects;

The head of The procuracy, when necessary, may extend the time limit for the issuance of a decision to prosecute for 10 more days for misdemeanors or felonies or 15 more days for horrific felonies or at most 30 more days for extremely severe felonies.

- The procuracy, in 03 days upon making one of the decisions as stated in Section 1 of Article 240 of the Criminal Procedure Code 2015, must inform suspects, their defense counsels or representatives and crime victims of the return of documents for further investigation.

Moreover, it shall in 03 days provide suspects or their representatives, investigation authorities and defense counsels with charging documents, decisions to adjourn or dismiss the case or lawsuit against suspects. Furthermore, it shall send notices to crime victims, litigants and protectors of their legitimate rights and benefits.

The delivery of the said documents shall be executed in writing according to Article 133 of the Criminal Procedure Code 2015 and be inputted in case files.

If the case is complex, the time limit for the delivery of charging documents and decisions on suspension or dismissal of the case to suspects or their representatives may be extended for 10 more days at most.

- The decisions as stated in Section 1 of Article 240 of the Criminal Procedure Code 2015, when made, must be promptly sent to the superior Procuracy. The head of the superior Procuracy shall be entitled to revoke, terminate or annul decisions deemed groundless or unlawful and to request the lower Procuracy to make lawful decisions.

2. The authority to prosecute in criminal proceedings in Vietnam

The authority to prosecute in criminal proceedings under Article 239 of the Criminal Procedure Code 2015 is as follows:

- The procuracy exercising prosecution rights and administering investigative activities shall make decisions on prosecution. A procuracy’s authority to prosecute shall be subject to the Court's jurisdiction over the case.

If a case goes beyond a Procuracy's authority to prosecute, the Procuracy shall promptly decide to transfer the case to another competent Procuracy. A provincial People’s Procuracy or Military procuracy of a military zone shall decide the transfer of cases to procuracies out of the province, centrally-affiliated city or military zone.

A superior Procuracy shall decide to prosecute cases, against which it exercises prosecution rights and administer investigation. The superior Procuracy, in 02 month prior to the closure of the investigation, must inform the lower Procuracy, at the level equivalent to that of the first-instance Court having jurisdiction over the case, to assign procurators to examine case files.

The superior Procuracy, when issuing a decision to prosecute, shall assign the lower Procuracy to exercise prosecution rights and administer the process of adjudication. The competent inferior Procuracy, upon receiving case files and charging documents, shall exercise prosecution rights and administer the process of adjudication as per the Criminal Procedure Code 2015.

- A Procuracy, in 03 days upon issuing a decision on case transfer, must inform in writing the investigation authority closing the investigation, suspects or their representatives, defense counsels, aggrieved persons and other participants in legal proceedings.

The delivery of case files and charging documents shall occur as per Section 2, Article 240 of the Criminal Procedure Code 2015. In such event, the time limit for prosecution shall commence after the prosecutor authorized to prosecute receives case files.

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