Law Amending and Supplementing Certain Provisions of the Criminal Procedure Code No. 20/2000/QH10

LAW

Amending and Supplementing Certain Articles of the Criminal Procedure Code

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

This Law amends and supplements certain articles of the Criminal Procedure Code adopted by the National Assembly on June 29, 1988, and amended and supplemented according to laws amending and supplementing certain articles of the Criminal Procedure Code adopted by the National Assembly on June 30, 1990, and December 22, 1992.

Article 1

Amending and supplementing certain articles of the Criminal Procedure Code as follows:

1. Adding Article 10a on the responsibility of criminal proceedings agencies and persons conducting criminal proceedings:

"Article 10a. Responsibility of criminal proceedings agencies and persons conducting criminal proceedings

During the course of criminal proceedings, criminal proceedings agencies and persons conducting criminal proceedings must strictly comply with the provisions of the law and shall be responsible for their actions and decisions.

Those who violate the law in the process of arrest, detention, investigation, prosecution, trial, and enforcement of sentences shall be subject to disciplinary action or criminal liability追究刑事责任，依照法律规定。

2. Point a Clause 1 and Clause 4 of Article 63 regarding the arrest of a person in urgent circumstances shall be amended and supplemented as follows:

"a) When there is evidence indicating that the person is preparing to commit a particularly serious crime or an especially serious crime;"

"4. In all cases, the urgent arrest must be immediately reported to the same-level People's Procuratorate in writing along with relevant documents concerning the urgent arrest for approval.

The People's Procuratorate must strictly examine the grounds for urgent arrest stipulated in this Article. If the People's Procuratorate does not approve, the arrested person must be released immediately."

3. Article 70 on temporary detention shall be amended and supplemented as follows:

"Article 70. Temporary Detention

1. Temporary detention may be applied to suspects and defendants in the following cases:

a) Suspects and defendants committing particularly serious crimes or very serious crimes;

b) Suspects and defendants committing serious crimes or less serious crimes for which the Criminal Code prescribes imprisonment for more than two years and there is evidence indicating that they may escape or obstruct the investigation, prosecution, trial, or continue to commit crimes.

2. For female suspects and defendants who are pregnant or nursing children under 36 months old, elderly people, or seriously ill people whose place of residence is clear, temporary detention shall not be applied but other preventive measures shall be taken, except in special cases.

3. Those authorized to issue arrest warrants as provided in Article 62 of this Code have the authority to issue temporary detention orders. Orders for temporary detention issued by those specified in point d Clause 1 of Article 62 of this Code must be approved by the Chief Prosecutor of the same-level People's Procuratorate before implementation. Within no more than three days from receiving the order for temporary detention, the request for approval, and related files and materials, the Chief Prosecutor must issue a decision to approve or not approve.

4. The agency issuing the order for temporary detention must verify the identity of the detainee and promptly notify the family of the detainee and the local authorities or organizations where the detainee resides or works."

4. Article 71 on the duration of temporary detention shall be amended and supplemented as follows:

"Article 71. Duration of Temporary Detention

1. The duration of temporary detention for investigation shall not exceed two months for less serious crimes, three months for serious crimes, four months for very serious crimes, and four months for particularly serious crimes.

2. In cases where the case has many complex circumstances and it is necessary to extend the time for investigation without grounds to change or revoke the temporary detention measure, the investigating agency must submit a written request to the Chief Prosecutor to extend the temporary detention at least ten days before the expiration of the temporary detention period.

The extension of temporary detention is regulated as follows:

a) The Chief Prosecutor of provincial-level People's Procuratorates and above and the Chief Prosecutor of military-level People's Procuratorates and above have the authority to extend temporary detention once for no more than one month for less serious crimes, extend temporary detention for the first time for no more than two months for serious crimes, no more than three months for very serious crimes, and no more than four months for particularly serious crimes;

b) In cases where the first extension period for temporary detention prescribed in point a of this clause has expired but the investigation cannot be concluded and there are no grounds to change or revoke the temporary detention measure, the Chief Prosecutor of provincial-level People's Procuratorates and above and the Chief Prosecutor of military-level People's Procuratorates and above may extend temporary detention for the second time for no more than one month for serious crimes. The Chief Prosecutor of the Supreme People's Procuratorate and the Chief Prosecutor of the Central Military Procuratorate may extend temporary detention for the second time for no more than two months for very serious crimes and no more than four months for particularly serious crimes.

3. For particularly serious crimes, if the second extension period for temporary detention prescribed in point b of Clause 2 of this Article has expired and the case has many extremely complex circumstances and there are no grounds to change or revoke the temporary detention measure, the Chief Prosecutor of the Supreme People's Procuratorate may extend temporary detention for the third time for no more than four months.

In cases involving national security offenses, the Chief Prosecutor of the Supreme People's Procuratorate may extend further.

4. While the person is under temporary detention, if it is deemed unnecessary to continue temporary detention, the investigating agency must promptly request the People's Procuratorate to revoke the temporary detention and release the detainee or apply other preventive measures if necessary.

Upon expiration of the temporary detention period, the person issuing the temporary detention order must release the detainee or apply other preventive measures if necessary."

5. Clause 1 of Article 88 on initiating criminal cases upon the victim's request shall be amended and supplemented as follows:

"1. Cases involving crimes specified in Clause 1 of Articles 104, 105, 106, 108, 109, 111, 113, 121, 122, 131, and 171 of the Criminal Code can only be initiated upon the victim's request."

6. Clause 1 of Article 93 regarding the investigative powers of the Border Guard, Customs, Forest Protection, and other agencies of the People's Police Force, People's Security Force, and People's Army assigned tasks to conduct certain investigative activities shall be amended and supplemented as follows:

"1. When discovering criminal acts that must be prosecuted under criminal responsibility within their respective areas of management, the Border Guard units, Customs authorities, and Forest Protection authorities with jurisdiction shall:

a) For minor offenses where the crime is caught in the act, with clear evidence, issue a decision to initiate the case, indict the suspect, conduct the investigation, and transfer the file to the competent Prosecutor's Office within fifteen days from the date of issuing the decision to initiate the case;

b) For serious, very serious, or extremely serious offenses, or for minor offenses but complex cases, issue a decision to initiate the case, conduct preliminary investigative activities, and transfer the file to the competent investigative agency within seven days from the date of issuing the decision to initiate the case."

7. Article 97 on the investigation period shall be amended and supplemented as follows:

"Article 97. Investigation Period

1. The investigation period for a case shall not exceed two months for minor offenses, three months for serious offenses, four months for very serious offenses, and four months for extremely serious offenses, from the date of initiating the case until the end of the investigation.

2. In cases where the investigation needs to be extended due to the complexity of the case, the investigative agency must submit a written request to the Chief Prosecutor of the Prosecutor's Office to extend the investigation at least ten days before the expiration of the investigation period.

The extension of the investigation period is stipulated as follows:

a) For minor offenses, the investigation may be extended once, not exceeding two months;

b) For serious offenses, the investigation may be extended twice, the first time not exceeding three months and the second time not exceeding two months;

c) For very serious offenses, the investigation may be extended twice, each time not exceeding four months;

d) For extremely serious offenses, the investigation may be extended three times, each time not exceeding four months.

3. The authority to extend the investigation period of the Chief Prosecutors of the Prosecutor's Offices at various levels is stipulated as follows:

a) For minor offenses, the Chief Prosecutor of the Provincial Prosecutor's Office, the Chief Prosecutor of the Military Region Prosecutor's Office extends the investigation. If the case is handled at the provincial or military region level, the Chief Prosecutor of the Provincial Prosecutor's Office, the Chief Prosecutor of the Military Region Prosecutor's Office extends the investigation;

b) For serious offenses, the Chief Prosecutor of the County Prosecutor's Office, the Chief Prosecutor of the Military Region Prosecutor's Office extends the investigation for the first time; the Chief Prosecutor of the Provincial Prosecutor's Office, the Chief Prosecutor of the Military Region Prosecutor's Office extends the investigation for the second time. If the case is handled at the provincial or military region level, the Chief Prosecutor of the Provincial Prosecutor's Office, the Chief Prosecutor of the Military Region Prosecutor's Office extends the investigation for the first and second times;

c) For very serious offenses, the Chief Prosecutor of the Provincial Prosecutor's Office, the Chief Prosecutor of the Military Region Prosecutor's Office extends the investigation;

d) For extremely serious offenses, the Chief Prosecutor of the Provincial Prosecutor's Office, the Chief Prosecutor of the Military Region Prosecutor's Office extends the investigation for the first and second times; the Chief Prosecutor of the Supreme People's Prosecutor's Office, the Chief Prosecutor of the Central Military Region Prosecutor's Office extends the investigation for the third time.

4. In cases where the investigation is handled at the central level, the authority to extend the investigation period belongs to the Chief Prosecutor of the Supreme People's Prosecutor's Office, the Chief Prosecutor of the Central Military Region Prosecutor's Office.

5. For extremely serious offenses where the investigation extension period has expired but the case cannot be concluded due to its very complex nature, the Chief Prosecutor of the Supreme People's Prosecutor's Office may extend it once more, not exceeding four months.

For offenses against national security, the Chief Prosecutor of the Supreme People's Prosecutor's Office has the right to extend it further.

6. When the investigation extension period has expired without proving that the suspect committed the crime, the investigative agency must issue a decision to terminate the investigation.

8. Article 98 on the investigation recovery period, supplementary investigation, and re-investigation shall be amended and supplemented as follows:

"Article 98. Investigation Recovery Period, Supplementary Investigation, Re-Investigation

1. In cases of investigation recovery as provided for in Article 140 of this Code, the subsequent investigation period shall not exceed two months for minor, serious, and very serious offenses, and three months for extremely serious offenses, from the date of the decision to recover the investigation until the end of the investigation.

In cases where the investigation needs to be extended due to the complexity of the case, the investigative agency must submit a written request to the Chief Prosecutor to extend the investigation at least ten days before the expiration of the investigation period. The extension of the investigation is stipulated as follows:

a) For serious and very serious offenses, the investigation may be extended once, not exceeding two months;

b) For extremely serious offenses, the investigation may be extended once, not exceeding three months.

The authority to extend the investigation for each type of offense is stipulated in Clause 3 of Article 97 of this Code.

2. In cases where the case is returned by the Prosecutor's Office for supplementary investigation, the supplementary investigation period shall not exceed two months; if returned by the Court for supplementary investigation, the supplementary investigation period shall not exceed one month. The Prosecutor's Office or the Court may return the file for supplementary investigation no more than twice. The supplementary investigation period starts from the day the investigative agency receives the case file and requests supplementary investigation.

3. In cases where the case is returned for re-investigation, the investigation period and the extension of the investigation follow the general procedure.

The investigation period starts from the day the investigative agency receives the case file and requests re-investigation.

4. When recovering the investigation, conducting supplementary investigation, or re-investigating, the investigative agency has the right to apply, change, or revoke preventive measures according to the provisions of this Code."

In cases where there is a basis under this Code to detain temporarily, the period of temporary detention for resuming investigation or supplementary investigation shall not exceed the time limit for resuming investigation or supplementary investigation prescribed in Clause 1 and Clause 2 of this Article.

The period of temporary detention and extension of temporary detention in cases where the case is re-investigated according to the general procedure prescribed in Article 71 of this Code.

9. Clause 1 and Clause 2 of Article 142 on the decision of the Prosecutor after the conclusion of the investigation shall be amended and supplemented as follows:

". Within a period not exceeding twenty days for less serious offenses and serious offenses, and not exceeding thirty days for very serious offenses and especially serious offenses, from the date of receiving the case file and the investigative conclusion, the Prosecutor must issue one of the following decisions:

a) Indict the suspect before the Court with an indictment;

b) Return the file for supplementary investigation;

c) Discontinue or temporarily discontinue the case.

In necessary cases, the Chief Prosecutor may extend the period, but not exceeding ten days for less serious offenses and serious offenses; not exceeding fifteen days for very serious offenses; not exceeding thirty days for especially serious offenses.

The Prosecutor must notify the suspect and defense counsel of the above decisions. The indictment, decision to discontinue the case, or temporarily discontinue the case must be handed over to the suspect. Defense counsel has the right to read the indictment, record necessary items, and make requests.

2. After receiving the case file, the Prosecutor has the authority to decide on the application, change, or revoke preventive measures. The period of temporary detention shall not exceed the time limit prescribed in Clause 1 of this Article.

10. Article 145 on the jurisdiction of courts at various levels shall be amended and supplemented as follows:

"Article 145. Jurisdiction of Courts at Various Levels

1. People's Courts at district level and Military Courts in regions shall try first-instance cases involving crimes for which the Criminal Code prescribes imprisonment of up to seven years, except for the following crimes:

a) Crimes endangering national security;

b) Crimes stipulated in Articles 95, 96, Clause 1 of Article 172, and Articles 222, 223, 263, 293, 294, 295, 296 of the Criminal Code.

2. People's Courts at provincial level and Military Courts at military region level shall try first-instance criminal cases involving crimes not within the jurisdiction of People's Courts at district level and Military Courts in regions, or cases within the jurisdiction of lower-level courts that they have taken up for trial."

11. Clause 2 of Article 151 on the preparation period for trial shall be amended and supplemented as follows:

"2. Within a period not exceeding thirty days for less serious offenses, forty-five days for serious offenses, two months for very serious offenses, and three months for especially serious offenses, from the date of receiving the case file, the judge must issue one of the following decisions:

a) Bring the case to trial;

b) Return the file for supplementary investigation;

c) Discontinue or temporarily discontinue the case.

For complex cases, the Chief Judge of the Court may decide to extend the preparation period for trial, but not exceeding fifteen days for less serious offenses and serious offenses, and not exceeding thirty days for very serious offenses and especially serious offenses.

After issuing a decision to bring the case to trial, a hearing must be held within fifteen days; in cases with valid reasons, it may be held within thirty days.

For cases returned for supplementary investigation, the judge must issue a decision to bring the case to trial within fifteen days from the date of receiving the file again."

12. Clause 1 of Article 226 on judgments and decisions subject to enforcement shall be amended as follows:

"1. Judgments and decisions subject to enforcement are those judgments and decisions that have legal effect, including:

a) Judgments and decisions of the first-instance court that are not appealed or protested according to the appellate procedure;

b) Judgments and decisions of the appellate court;

c) Decisions of the supervisory or retrial court."

13. Clauses 1, 5, and 6 of Article 227 on agencies and organizations responsible for enforcing judgments and decisions of the Court shall be amended and supplemented as follows:

"1. Public Security Organs enforce deportation sentences, fixed-term imprisonment, life imprisonment, and participate in the Execution Board for capital punishment as prescribed in Article 229 of this Code."

"5. Civil Enforcement Agencies enforce monetary fines and confiscation of property. Village, town, or ward authorities or agencies and organizations assist execution officers in enforcing judgments. If coercive measures are required, public security organs and other relevant agencies must cooperate."

"6. Enforcement of judgments and decisions of Military Courts is carried out by organizations within the Military, except for deportation sentences."

14. Clause 1 and Clause 5 of Article 229 on the enforcement of capital punishment shall be amended and supplemented as follows:

"1. The Chief Judge of the Court that rendered the first-instance judgment issues the decision to enforce the judgment and establishes the Capital Punishment Execution Board comprising representatives of the Court, the Prosecutor, and the Public Security Organs. The Execution Board must verify the identity of the convicted person before enforcing the sentence.

In cases where the convicted person is a woman, before issuing the decision to enforce the judgment, the Chief Judge of the Court that rendered the first-instance judgment must organize a review of the conditions for not applying the death penalty as prescribed in Article 35 of the Criminal Code. If there is evidence that the convicted person meets the conditions stipulated in Article 35 of the Criminal Code, the Chief Judge of the Court that rendered the first-instance judgment will not issue the decision to enforce the judgment and report to the Chief Judge of the Supreme People's Court to consider converting the death penalty to life imprisonment for the convicted person.

Before enforcing the sentence against a female convict, the Execution Board, in addition to verifying the identity, must also review documents related to the conditions for not enforcing the death penalty as prescribed in Article 35 of the Criminal Code.

In cases where the Execution Board discovers that the convicted person meets the conditions stipulated in Article 35 of the Criminal Code, the Execution Board will suspend the enforcement of the sentence and report to the Chief Judge of the Court that issued the decision to enforce the judgment to report to the Chief Judge of the Supreme People's Court to consider converting the death penalty to life imprisonment for the convicted person."

"5. In cases with special circumstances, the Enforcement Council may suspend the execution of the sentence and report to the President of the Court that issued the enforcement decision for reporting to the President of the Supreme People's Court."

15. Article 231 on suspending the execution of custodial sentences shall be amended and supplemented as follows:

"Article 231. Suspension of the Execution of Custodial Sentences

For persons who are serving custodial sentences and are on bail, the President of the Court may suspend the execution of the custodial sentence on their own initiative or upon the request of the Public Prosecutor's Office, the police agency, or the convicted person, in accordance with the provisions of Clause 1 of Article 61 of the Criminal Code."

16. Article 234 on the execution of suspended sentences, non-custodial reform sentences, and disciplinary units' reform sentences in the military shall be amended as follows:

"Article 234. Execution of Suspended Sentences and Non-Custodial Reform Sentences

Persons sentenced to suspended imprisonment and non-custodial reform sentences shall be handed over to the local authorities of the commune, ward, town where they reside or work, or to the agencies or organizations where they work, for supervision and education."

17. Supplement Article 234a on the execution of deportation penalties

"Article 234a. Execution of Deportation Penalties

The person subject to deportation must leave Vietnam within the latest period of fifteen days from the date of the enforcement decision. In cases where the person subject to deportation must also serve other penalties or fulfill other obligations, the time limit for leaving Vietnam shall be prescribed by law."

18. Article 236 on the execution of fines or confiscation of property shall be amended and supplemented as follows:

"Article 236. Execution of Fines or Confiscation of Property

The decision to enforce the judgment imposing a fine or confiscating property must be sent to the same-level Public Prosecutor's Office, the enforcement officer, the convicted person, and the local authorities of the commune, ward, town where the convicted person resides.

The confiscation of property shall be carried out in accordance with the provisions of Article 40 of the Criminal Code."

19. Clause 1 of Article 237 on conditions for reduction of the term of punishment or exemption from its execution shall be amended and supplemented as follows:

"1. A person currently serving a custodial sentence, non-custodial reform sentence, residence ban, or probation may have their term of punishment reduced according to the provisions of Articles 57, 58, 59, and 76 of the Criminal Code; if they have not yet served the punishment, they may be exempted from the entire punishment according to the provisions of Clauses 1, 2, 3, and 5 of Article 57 of the Criminal Code.

A person currently under a temporary suspension of the execution of a custodial sentence may be exempted from the remaining portion of the sentence according to the provisions of Clause 4 of Article 57 of the Criminal Code.

A person who has already served part of a monetary penalty may be exempted from the remaining portion of the fine according to the provisions of Clause 2 of Article 58 of the Criminal Code."

20. Clause 1 and Clause 2 of Article 238 on the procedures for reducing the term of punishment or exemption from its execution shall be amended and supplemented as follows:

"1. The court with jurisdiction to decide on the reduction of the term of execution of a custodial sentence is the provincial People's Court or the Military Region Military Court where the convicted person serves the sentence.

The court with jurisdiction to decide on the exemption from the execution of a custodial sentence is the provincial People's Court or the Military Region Military Court where the convicted person resides or works.

The reduction of the term of execution of other punishments or the reduction of the probationary period falls within the jurisdiction of the district People's Court or the Military Area Military Court where the convicted person serves the sentence or undergoes probation.

2. The file requesting consideration of exemption from the execution of non-custodial reform sentences, exemption from the entire or remaining portion of the custodial sentence, or exemption from the remaining portion of the fine must include a request from the head of the same-level Public Prosecutor's Office.

The file requesting consideration of reduction of the term of execution of a custodial sentence must include a request from the enforcement agency of the custodial sentence.

The file requesting consideration of reduction of the term of execution of a non-custodial reform sentence must include a request from the agency, organization, or local authority directly responsible for supervising and educating the person.

The file requesting consideration of reduction or exemption from the execution of other punishments or shortening the probationary period of a suspended sentence must include a recommendation or assessment from the agency or organization responsible for enforcing the sentence as stipulated in Article 227 of this Code."

21. Article 273 on arrest, temporary detention, and pre-trial detention shall be amended and supplemented as follows:

"Article 273. Arrest, Temporary Detention, and Pre-Trial Detention

1. A person aged from fourteen to under sixteen years old may be arrested, temporarily detained, or pre-trial detained if there is sufficient evidence as prescribed in Articles 62, 63, 64, 68, and 71 of this Code, but only in cases of very serious offenses committed intentionally or extremely serious offenses.

2. A person aged from sixteen to under eighteen years old may be arrested, temporarily detained, or pre-trial detained if there is sufficient evidence as prescribed in Articles 62, 63, 64, 68, and 71 of this Code, but only in cases of serious offenses committed intentionally, very serious offenses, or extremely serious offenses."

22. Article 279 on terminating the execution of judicial measures and reducing the term of punishment shall be amended and supplemented as follows:

"Article 279. Termination of the Execution of Judicial Measures, Reduction, or Exemption from Punishment

A minor convicted person may have the execution of judicial measures terminated, or the term of punishment reduced or exempted when they meet the conditions stipulated in Article 70 or Article 76 of the Criminal Code."

Article 2

Amend the numbers and phrases in the Criminal Procedure Code as follows:

1. Amend the numbers of articles and clauses of the Criminal Code cited in the Criminal Procedure Code to the corresponding numbers of the Criminal Code of 1999 as follows:

a) Replace the number "Article 242" at Clause 3 of Article 39, Clause 4 of Article 43, and Clause 3 of Article 44 with the number "Article 308";

b) Replace the number "Article 241" at Clause 4 of Article 43, Clause 3 of Article 44, and Clause 2 of Article 45 with the number "Article 307";

c) Replace the number "Article 236" at Clause 3 of Article 57 with the number "Article 300";

d) Replace the numbers "Article 246", "Article 247" at Article 95 with the numbers "Article 313", "Article 314";

đ) Replace the numbers "Article 92, 93, 222, 223, 262, 263" at Article 101 with the numbers "Article 263, 264, 286, 287, 327, 328";

e) Replace the numbers "Article 234", "Article 235" at Clause 3 of Article 107 with the numbers "Article 298", "Article 299";

g) Replace the number "Article 244" at Clause 2 of Article 121, Article 122 with the number "Article 310";

h) Replace the phrase "Paragraph 1 Clause 1 Article 48" at Clause 3 of Article 139 with the phrase "Clause 1 and Clause 3 Article 25";

i) Replace the numerals "Article 16, Clause 1 Article 48 and Clause 3 Article 59" in Clause 1 Article 143b with the numerals "Article 19, Article 25 and Clause 2 Article 69";

k) Replace the numeral "Article 231 of this Code" in Clause 1 Article 232 with the numerals "Clause 1 Article 61 and Article 62 of the Criminal Code";

l) Replace the numeral "Article 44" in Clause 2 Article 237 with the numeral "Article 60";

m) Replace the numeral "Article 53" in Article 239 with the numeral "Article 64";

n) Replace the numerals "Article 54", "Article 55" in Clause 1 Article 240 with the numerals "Article 65", "Article 66";

o) Replace the numeral "Article 45" in Clause 1 Article 265 with the numeral "Article 23";

p) Replace the numeral "Article 60" in Clause 2 Article 277 with the numeral "Article 70";

q) Replace the numeral "Article 67" in Article 280 with the numeral "Article 77";

r) Replace the numeral "Article 12" in Clause 1 Article 281 with the numeral "Article 13".

2. Amend the phrases in the Criminal Procedure Code as follows:

a) The phrase "serious crimes endangering national security" in Article 36 shall be replaced by the phrase "crimes endangering national security";

b) The phrase "Council of Ministers" in Article 72 shall be replaced by the phrase "Government";

c) The phrase "State Council" in Articles 92 and 93 shall be replaced by the phrase "Standing Committee of the National Assembly";

d) The phrase "State Council" in Articles 228 and 229 shall be replaced by the phrase "President of the State";

đ) The phrase "Military High Court" in Articles 146, 215, 244, 248, 250 and 266 shall be replaced by the phrase "Central Military Court";

e) The phrase "Expungement of criminal record" in the name of Chapter XXVIII, the names of Articles 239, 240, 280 and in Articles 239, 240, 280 shall be replaced by the phrase "Expungement of criminal record";

Article 3

Repeal Article 160a on the composition of the trial court that also conducts final hearings.

Article 4

This Law takes effect from July 1, 2000.

Article 5

The Government, Supreme People's Court, Supreme People's Procuracy shall guide the implementation of this Law within their respective functions, tasks, powers.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, tenth session, seventh meeting, on June 9, 2000.