What are the cases of applying temporary detainment in Vietnam?

What are the cases of applying temporary detainment in Vietnam? (Internet image)

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

1. What are the cases of applying temporary detainment in Vietnam?

According to the provisions of Clause 1, Article 117 of the Criminal Procedure Code 2015, temporary detainment may apply to persons held in emergency custody or arrested against crimes in flagrante, malefactors confessing or surrendering or persons arrested as per wanted notices.

2. Who are entitled to issue an order of emergency custody in Vietnam?

According to Clause 2, Article 110 of the Criminal Procedure Code 2015, the following individuals are entitled to issue an order of emergency custody:

- Head and vice heads of investigation authorities;

- Heads of independent units at regiment level and equivalent ones, commanding officers of border protection posts; 

Commanders of border protection units at border gates, captains of border protection units in provinces and centrally-affiliated cities, heads of border reconnaissance departments and drug and crime departments of the border protection force, heads of special services against drug and crime of the border protection force;

Zone commanders of maritime police force, heads of specialized and legal departments of the maritime police force, heads of special service of drug enforcement of the maritime police force; heads of zonal bureaus of fisheries resources surveillances;

- Commanding pilots and captains of aircrafts and ships leaving airports or sea ports.

3. Time spent in temporary detainment in Vietnam

Time spent in temporary detainment as prescribed in Article 118 of the Criminal Procedure Code 2015 is as follows:

- The time limit for temporary detainment is 03 days after investigation authorities and units assigned to investigate take in or deliver by force detainees and arrestees to their units, or upon investigation authorities’ issuance of temporary detainment decisions against malefactors confessing or surrendering.

- The individual deciding temporary detainment, if necessary, can extend the time limit for temporary detainment for at most 03 more days. The individual deciding temporary detainment, in special events, can give second extension of the time limit for temporary detainment for at most 03 more days.

Extension of temporary detainment must be approved by the equivalent Procuracy or a competent Procuracy. The procuracy, in 12 hours upon receiving a written request for temporary detainment extension, must approve or deny such request.

- If grounds for prosecution do not suffice during the period of temporary detainment, investigation authorities and units assigned must promptly discharge the detainees on temporary detainment. Otherwise, the Procuracy, which has extended temporary detainment, shall discharge such detainees in prompt manner.

- The time spent in detainment shall be subtracted from the time spent in detention. One day spent in detainment gives one day’s credit toward the time passed in detention.

4. Rights of temporary detainees in Vietnam

According to Clause 2, Article 59 of the Criminal Procedure Code 2015, the temporary detainees are entitled to:

- Be informed of reasons, obtain decisions and written extension of temporary detainment, written approvals of temporary detainment and other decisions of legal procedure according to the Criminal Procedure Code 2015;

- Be informed and explained about their duties and rights as per Article 59 of the Criminal Procedure Code 2015;

- Give statements and opinions, and have no obligation to testify against themselves or admit to guilt;

- Defend themselves or be defended;

- Present evidences, documents, items and request;

- Confer on relevant evidences, documents and items and request authorized procedural persons to verify and assess such;

- File complaints about competent procedural authorities and persons’ decisions and legal procedure on temporary detainment.

Vo Van Hieu

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