Decree No. 42 Regarding the Procedure for Prosecuting Minor or Serious Offenses Committed by Individuals Holding High Positions Such as Ministers, Deputy Ministers, Chairpersons of Administrative Committees at Provincial or Prefectural Level, and National Assembly Deputies.

DECREE

Specifies the procedures for prosecuting minor or serious offenses when the offender is a Minister, Deputy Minister, Chairman of the Provincial People's Committee, or National Assembly Delegate

CHAIRMAN OF THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the proposal of the Minister of Interior and the Minister of Justice;

After the Government Council has agreed,

ISSUES THE DECREE:

Article 1: No one shall arrest or detain:

a) A Minister or Deputy Minister without prior approval from the Government Council.

b) A Chairman of the Provincial People's Committee without prior agreement from the Minister of Justice and the Minister of Interior.

c) A National Assembly Delegate without prior consent from the Standing Committee of the National Assembly.

Article 2: Regarding minor or serious offenses, complaints or accusations:

a) Against a Minister or Deputy Minister must be submitted to the Chairman of the Government of Vietnam.

b) Against a Chairman of the Provincial People's Committee must be submitted to the Minister of Interior or the Minister of Justice.

c) Against a National Assembly Delegate must be submitted to the Standing Committee of the National Assembly.

If any administrative or judicial authority receives such complaints or accusations, they shall immediately forward them to the Chairman of the Government of Vietnam, the Minister of Interior, the Minister of Justice, or the Standing Committee of the National Assembly as appropriate.

Article 3: The Chairman of the Government of Vietnam, the Minister of Interior and Justice, and the Standing Committee of the National Assembly may assign a Chief Prosecutor of the High Court or a senior Judge in the Prosecution Office to conduct preliminary investigations before deciding whether prosecution should proceed.

Article 4: If prosecution is deemed necessary then:

a) The Chairman of the Provincial People's Committee or a National Assembly Delegate must be brought before the High Court where the offense was discovered for trial.

b) The Chairman of the Municipal People's Committee, Minister, or Deputy Minister must be brought before the High Court sitting in plenary session for trial.

The High Court will conduct final adjudication.

Article 5: In cases of immediate detection of a serious or minor offense, the Prosecutor at the location where the crime occurred or any temporary substitute has the authority to immediately investigate to prevent evidence destruction and interrogate the accused and witnesses.

Upon completion of interrogation, and no later than within twenty-four hours if there is no agreement from the officials or authorities mentioned in Article 1, the accused must be released on bail.

Article 6: This Ordinance shall apply to all matters that occurred prior to the date of promulgation of this Ordinance.

Article 7: This Ordinance shall be implemented urgently as provided for in Article 14 of the Ordinance dated October 10, 1945.

Article 8: The Ministers of Interior and Justice shall implement this Ordinance accordingly.