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

The time limit for detention for investigation according to Clauses 1 and 2, Article 173 of the Criminal Procedure Code 2015 is 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.

2. Authority to extend the time limit for detention for investigation in Vietnam

According to Clauses 3, 4, 5, 6 and 7 Article 173 of the Criminal Procedure Code 2015, the authority to extend the time limit for detention for investigation in Vietnam is as follows:

- 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.

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