What are cases of detention in Vietnam? What is the time limit for detention for investigation in Vietnam?

What are cases of detention in Vietnam? What is the time limit for detention for investigation in Vietnam? (Internet image) 

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

1. What are cases of detention in Vietnam?

Pursuant to Article 119 of the Criminal Procedure Code 2015, regulations on cases of detention in Vietnam are as follows:

- Detention may apply to suspects and defendants perpetrating a horrific or extremely severe felony.

- Detention may apply to suspects or defendants committing a felony or misdemeanor punishable with incarceration for more than 02 years as per the Criminal Code if grounds show that:

+ Such persons commit crimes despite of existing preventive measures against them;

+ No definite place of residence is known or a defendant's identity is unidentified;

+ Such persons have absconded and have been arrested as per wanted notices or are evidently going to vanish;

+ Such persons continue criminal acts or are evidently going to continue crimes;

+ Such persons commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin.

- Detention may apply to suspects or defendants committing a misdemeanor punishable with maximum 02-year imprisonment as per the Criminal Code if they continue criminal acts or are fugitives arrested as per wanted notices.

- If suspects or defendants have clear information of residence and identity and are gestating, raising a child less than 36 months of age, suffering from senility or serious diseases, detention shall be replaced by other preventive measures, except that:

+ They abscond and get arrested as per wanted notices;

+ They continue criminal acts;

+ They commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers or their kin.

+ Suspects or defendants breach national security and detention evidently prevents them from transgressing national security.

- Authorized individuals as defined in Section 1, Article 113 of the Criminal Procedure Code 2015 are entitled to issue orders and decisions on detention. Detention orders made by individuals as defined in Point a, Section 1, Article 113 of the Criminal Procedure Code 2015 must be approved by the equivalent Procuracy prior to the enforcement of such orders.

The procuracy, in 03 days upon receiving a detention order, written request for approval and relevant documents, must approve or deny such request. The procuracy must return documents to investigation authorities upon the former’s completion of the ratification process.

- Investigation authorities must inspect identity papers of persons in detention and inform their family members, workplace, educational facility or local authorities in the commune, ward or town where they reside.

2. What is the time limit for detention for investigation in Vietnam?

Article 173 of the Criminal Procedure Code 2015 stipulates the time limit for detention for investigation as follows:

- The time limit for temporary detention of suspects for investigation shall not exceed 02 months for misdemeanors, 03 months for felonies and 04 months for horrific and extremely severe felonies.

- If an investigation must be prolonged due to a variety of complex facts in the case and no grounds for change or termination of detention exist, the investigation authority shall, within 10 days prior to the expiration of the time limit, request The procuracy to extend the detention.

Detention is extended as follows:

+ Detention of offenders of misdemeanors may be extended once for 01 more month;

+ Detention of offenders of felonies may be extended once for 02 more month;

+ Detention of offenders of horrific felonies may be extended once for 03 more month;

+ Detention of offenders of extremely severe felonies may be extended twice, for 04 more months each time.

- The procuracy's authority to extend detention:

+ A district People’s Procuracy or local Military procuracy is entitled to extend detention of offenders of misdemeanors, felonies and horrific felonies.

If a provincial investigation authority or a military zone’s investigation authority handles the investigation, the equivalent provincial People’s Procuracy or Military procuracy of the military zone is entitled to extend detention of offenders of misdemeanors, felonies, horrific felonies and to decide the first extension of detention of offenders of extremely severe felonies;

+ If the investigation is incomplete despite the expiration of the first extension as stated in Point a of this Section and no grounds for change or termination of temporary detention exist, the provincial People’s Procuracy or Military procuracy of the military zone may decide the second extension against offenders of extremely severe felonies.

- 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.

- The head of the Supreme People’s Procuracy is entitled to extend the detention of violators of national security once for at most 04 more months.

If the investigation is incomplete despite the expiration of the extension(s) as stated in this Section and no grounds for change or termination of temporary detention exist, the head of the Supreme People’s Procuracy is entitled to ratify 1-month extension against felonies, 2-month extension against horrific felonies, and 4-month extension against extremely severe felonies.

If no grounds for termination of detention exist in a special case of extremely severe felony of national security breach, the head of the Supreme People’s Procuracy shall decide to maintain detention until the investigation closes.

- If no grounds for change or termination of detention exist in a special case of horrific felonies not related to national security breach, the head of the Supreme People’s Procuracy is entitled to sanction one 4-month extension.

If no grounds for termination of detention against a special case, the head of the Supreme People’s Procuracy shall decide to extend the detention by the entire length of time of the investigation.

- If detention in force is deemed unnecessary, the investigation authority must request The procuracy to terminate the detention to discharge the detainee in timely manner or implement other measures, if necessary.

The detainee must be discharged when the detention expires. Competent procedural authorities, if necessary, shall implement other preventive measures.

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE