Who has the right to order and decide the apprehension of suspects and defendants for detention in Vietnam?

Who has the right to order and decide the apprehension of suspects and defendants for detention in Vietnam? (Internet image)

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

1. Who has the right to order and decide the apprehension of suspects and defendants for detention in Vietnam?

According to Clause 1, Article 113 of the Criminal Procedure Code 2015, the following individuals are entitled to order and decide the apprehension of suspects and defendants for detention:

- Heads and vice heads of investigation authorities. In this event, the arrest warrant must be approved by the equivalent Procuracy prior to apprehension;

- Head and vice heads of a People’s Procuracy, and head and vice heads of a Military procuracy;

- Court presidents, Vice court presidents of People’s Courts, and Court presidents and Vice court presidents of Courts-martial; trial panel.

In addition, Clauses 2 and 3, Article 113 of the Criminal Procedure Code 2015 also stipulates orders and decisions on the apprehension of suspects and defendants for detention as follows:

- The arrest warrant and written approval of the arrest warrant must specify full name and address of the arrestee, reasons and other details as per Point 2, Article 132 of the Criminal Procedure Code 2015.

Enforcers of an arrest warrant must read out the warrant, explain its content, arrestee's duties and rights, make written record of the arrest, and give the warrant to the arrestee.

The apprehension of a person at his place of residence must be witnessed by a representative of communal, ward or town authorities and other individuals. The apprehension of a person at his place of work or education must be witnessed by a representative of the place of work or education. The apprehension of a person at other places must be witnessed by a representative of communal, ward or town authorities.

- Apprehension must not occur at night, except for criminals in flagrante or wanted persons.

2. What are the essential actions upon emergency custody, arrest or intake of arrestees and detainees in Vietnam?

Essential actions upon emergency custody, arrest or intake of arrestees and detainees in Vietnam under Article 114 of the Criminal Procedure Code 2015 are as follows:

- Upon holding a person in emergency custody, arresting persons or taking in arrestees and detainees, investigation authorities and units assigned to investigate must take statements promptly and, within 12 hours, make decisions on temporary detainment or discharge of the arrestee.

- Investigation authorities, after taking in and acquiring statements from wanted arrestees, must inform the authority issuing the wanted notice for the transfer of the arrestee. After taking in the arrestee, the authority issuing the wanted notice must promptly issue a decision on terminating the wanted notice.

If the authority issuing the wanted notice fails to attain the arrestee promptly, the authority taking in the arrestee, after taking statements, shall issue a decision on temporary detainment and inform the former.

If the authority issuing the wanted notice still does not acquire the arrestee upon the end of the temporary detainment, the latter shall extend the time of detainment and submit the written extension of the time of detainment and relevant documents to the equivalent Procuracy for approval.

If failing to acquire the arrestee promptly, the authority issuing the wanted notice and authorized for detention must issue a temporary detention order approved by the equivalent Procuracy to the investigation authority taking in the arrestee.

Upon receiving the detention order, the investigation authority taking in the arrestee must delivery by force such arrestee to the nearest detention center in prompt manner.

- If several wanted notices are issued against an arrestee, the authority taking in the arrestee transfers such arrestee to the nearest authority that issued a wanted notice.

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