Law Amending and Supplementing Certain Articles of the Criminal Procedure Code No. 99/2025/QH15

The Law Amending and Supplementing Certain Articles of the Criminal Procedure Code was passed by the 15th National Assembly on June 27, 2025, and took effect from July 1, 2025. This Law aims to perfect the legal basis for the application of preventive measures and the resolution of criminal complaints and reports; provides more detailed regulations on criminal investigation; supplements new provisions regarding the responsibilities of defense counsel during the investigation phase and the prosecution of criminal liability for acts that distort the case.

文号số 99/2025/QH15
文件类型Law
发布机关Supreme People's Procuracy
签署人Trần Thanh Mẫn — Chủ tịch Quốc hội
更新12/06/2026
领域Uncategorized
发布日期27/06/2025
生效日期01/07/2025
失效日期
状态In effect
✦ 智能摘要

The Law Amending and Supplementing Certain Articles of the Criminal Procedure Code was passed by the 15th National Assembly on June 27, 2025, and took effect from July 1, 2025. This Law aims to perfect the legal basis for the application of preventive measures and the resolution of criminal complaints and reports; provides more detailed regulations on criminal investigation; supplements new provisions regarding the responsibilities of defense counsel during the investigation phase and the prosecution of criminal liability for acts that distort the case.

适用范围

This Law applies to judicial organs, individuals, and organizations involved in criminal proceedings in Vietnam.

要点

  • Amend the provisions concerning investigators
  • Supplement the provisions concerning the responsibilities of defense counsel during the investigation phase
  • Perfect the legal basis for the application of preventive measures and the resolution of criminal complaints and reports
  • Provide more detailed regulations on criminal investigation
  • Supplement new provisions regarding the prosecution of criminal liability for acts that distort the case

🌐 本文件的社会影响

  • Enhance the effectiveness of criminal proceedings
  • Perfect the legal basis for protecting the rights and legitimate interests of citizens in criminal proceedings
  • Strengthen the responsibilities of parties involved in proceedings

❓ 常见问题

When does this Law take effect?

The Law Amending and Supplementing Certain Articles of the Criminal Procedure Code takes effect from July 1, 2025.

At what time did the 15th National Assembly pass this Law?

The Law was passed by the 15th National Assembly of the Socialist Republic of Vietnam at its 9th Session on June 27, 2025.

全文

OF THE NATIONAL ASSEMBLY

____

Law number: 99/2025/QH15

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

_______________________

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE CRIMINAL PROCEDURE CODE

Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law amending and supplementing certain articles of the Criminal Procedure Code number 101/2015/QH13 02/2021/QH15, Law number has been amended and supplemented with some articles pursuant to Law No. 34/2024/QH15 and Law number 59/2024/QH15 Article 1. Amendments and supplements to certain articles of the Criminal Procedure Code.

1. Supplement and abolish certain points of Clause 1 and Clause 2 Article 4 as follows:

a) Supplement Point p following Point o of Clause 1 as follows:

"p) The competent Procuracy is the Procuracy responsible for exercising public prosecution rights and supervising compliance with the law in handling cases and trials.";

b) Supplement Point k following Point i of Clause 2 as follows:

"k) Commune, ward, special administrative region hereinafter referred to as commune level.";

c) Abolish Points a, d and g of Clause 2.

2. Amend and supplement Article 20 as follows:

Article 20. Responsibilities for exercising public prosecution rights and supervising compliance with the law in criminal proceedings

"The Procuracy exercises public prosecution rights and supervises compliance with the law in criminal proceedings, decides on charges, identifies violations of the law to ensure that all criminal acts, criminals, corporate offenders, and violations of the law are promptly and strictly discovered and dealt with, ensuring that the initiation of investigations, investigations, prosecutions, trials, and enforcement of sentences are correct in terms of person, crime, and law, without allowing crimes and criminals to go unpunished, and not wrongfully convicting innocent persons.

The Chief Prosecutor of the Supreme People's Procuracy shall stipulate the authority of each level of the People's Procuracy in exercising public prosecution rights and supervising compliance with the law in criminal proceedings according to the provisions of this Code.".

3. Amend and supplement Points a, b, c, d, đ and e of Clause 2 Article 35 as follows:

"a) Persons assigned to conduct some investigative activities of the Border Guard include the Director, Deputy Director of the Investigation Department; Director, Deputy Director of the Anti-Money Laundering and Crime Prevention Department; Battalion Commander, Deputy Battalion Commander of the Investigation Battalion; Battalion Commander, Deputy Battalion Commander of the Special Task Force for Anti-Money Laundering and Crime Prevention; Commandant, Deputy Commandant of the Border Guard Command; Station Commander, Deputy Station Commander of the Border Guard Station; Commandant, Deputy Commandant of the Port Border Guard;

b) Persons assigned to conduct some investigative activities of Customs include the Director, Deputy Director of the Anti-Smuggling Investigation Department; Director, Deputy Director of the Post-Clearance Inspection Department; Director, Deputy Director of the Customs Area Department; Team Leader, Deputy Team Leader of the Port Customs;

c) Persons assigned to conduct some investigative activities of Forest Protection include the Director, Deputy Director of the Forestry and Forest Protection Department; Director, Deputy Director of the Regional Forest Protection Department; Director, Deputy Director of the Forest Protection Department; Section Leader, Deputy Section Leader of the Forest Protection Section;

d) Persons assigned to conduct some investigative activities of the Coast Guard include the Commander, Deputy Commander of the Coast Guard; Commander, Deputy Commander of the Coast Guard Region; Director, Deputy Director of the Operations and Legal Affairs Department; Battalion Commander, Deputy Battalion Commander of the Investigation Battalion; Battalion Commander, Deputy Battalion Commander of the Special Task Force for Anti-Money Laundering and Crime Prevention; Flotilla Commander, Deputy Flotilla Commander; Squadron Commander, Deputy Squadron Commander; Team Leader, Deputy Team Leader of the Coast Guard Operations Team;

đ) Persons assigned to conduct some investigative activities of Fisheries Surveillance include the Director, Deputy Director of the Fisheries and Fisheries Surveillance Department; Director, Deputy Director of the Regional Fisheries Surveillance Department;

e) Persons assigned to conduct some investigative activities of other agencies within the Public Security Force include the Director, Deputy Director, Head, Deputy Head of departments assigned to conduct some investigative activities of the Public Security Force, Warden, Deputy Warden of the Prison according to the Law on the Organization of Criminal Investigation Agencies;".

4. Amend and supplement Clause 4 Article 36 as follows:

"4. Heads and Deputy Heads of Investigative Agencies must be responsible under the law for their actions and decisions. Heads and Deputy Heads of Investigative Agencies may not delegate Investigators to perform their duties and powers, except in the case provided for in Clause 1a of Article 37 of this Code.".

5. Supplement Clause 1a following Clause 1 Article 37 as follows:

"1a. Intermediate-level Investigators and Senior-level Investigators who are Heads or Deputy Heads of the Police at the commune level, assigned by the Head of the Investigative Agency at the provincial level to carry out activities related to initiating and investigating minor and serious offenses occurring within the commune area, have the duties and powers prescribed in Clause 1 of this Article, Points a and c of Clause 1 and Clause 2 of Article 36 of this Code, except for decisions on applying, changing, or revoking special investigative measures.

The Minister of Public Security shall take the lead and coordinate with the Chief Prosecutor of the Supreme People's Procuracy to provide detailed regulations for this clause.".

6. Amend and supplement Clause 4 and supplement Clause 5 following Clause 4 Article 41 as follows:

"4. The Chief Prosecutor and Deputy Chief Prosecutor of the Procuracy must be responsible under the law for their actions and decisions. The Chief Prosecutor and Deputy Chief Prosecutor of the Procuracy may not delegate Prosecutors to perform their duties and powers, except in the case provided for in Clause 5 of this Article.

5. In cases where the Public Prosecution and Appeals Procuracy of the Supreme People's Procuracy resolve appeals, the Chief Prosecutor of the Supreme People's Procuracy may delegate Prosecutors holding the positions of Chief Prosecutor and Deputy Chief Prosecutor of the Appeals Procuracy to perform the following duties and powers:

a) Duties and powers prescribed in Point a of Clause 1 and Point p of Clause 2 of this Article; appeal judgments and decisions of the Court according to the procedures stipulated in this Code;

b) Deciding on the assignment or change of Deputy Chief Prosecutor of the Appeals Procuracy, Prosecutor, Examiner; inspecting the performance of public prosecution duties and supervision of compliance with the law by Deputy Chief Prosecutor of the Appeals Procuracy, Prosecutor, Examiner;

Decision to assign or change the Deputy Prosecutor of the Public Prosecution Office and the Appellate Prosecution Office, Prosecutors, and Inspectors; inspecting the exercise of public prosecution rights and supervision over compliance with laws by the Deputy Prosecutor of the Public Prosecution Office and the Appellate Prosecution Office, Prosecutors, and Inspectors;

c) The decision to change or revoke a decision that lacks basis and contravenes the law by the Deputy Prosecutor General and the Prosecutors, Inspectors at the Appeals Prosecution Office shall be decided.

7. Add Clause 1a following Clause 1 of Article 42 as follows:

"1a. Prosecutors holding the position of Prosecutor General at the Appeals Prosecution Office of the Supreme People's Procuracy have the right to resolve complaints in accordance with this Code."

8. Amend and supplement Clause 4 and add Clause 5 following Clause 4 of Article 44 as follows:

"4. Presidents and Vice-Presidents of Courts must bear responsibility under the law for their actions and decisions. Presidents and Vice-Presidents of Courts may not delegate Judges to perform their duties and powers except in cases provided for in Clause 5 of this Article.

5. In cases where the Appeals Court of the Supreme People's Court resolves a case, the President of the Supreme People's Court may delegate Judges holding the positions of Chief Judge and Deputy Chief Judge of the Appeals Court to perform the following tasks and powers:

a) Directly organize the trial of criminal cases within their jurisdiction;

b) Tasks and powers stipulated in point b of Clause 2 of this Article;

c) Decide on assigning Deputy Chief Judge of the Appeals Court, Judges to try criminal cases; decide on assigning Court Secretaries to conduct proceedings in criminal cases; decide to change Judges, Court Secretaries before the commencement of the hearing."

9. Add Clause 2a following Clause 2 of Article 45 as follows:

"2a. Judges holding the positions of Chief Judge and Deputy Chief Judge of the Appeals Court of the Supreme People's Court have the right to apply, change, or revoke temporary detention measures and handle evidence; Chief Judges of the Appeals Court of the Supreme People's Court have the right to resolve complaints in accordance with this Code."

10. Amend and supplement Clause 4 of Article 75 as follows:

"4. The head, deputy head of investigation agencies at all levels; investigators as prescribed in Clause 1a of Article 37 of this Law;"

11. Amend and supplement some points and clauses of Article 110 as follows:

a) Amend and supplement Points a and b Clause 2 as follows:

"a) Head, deputy head of investigation agencies at all levels; investigators as prescribed in Clause 1a of Article 37 of this Law;

b) Head of independent units at battalion level and equivalent, Border Guard Post Commander, Border Guard Command at border gate port, Border Guard Battalion Command, Border Security Force Investigation Bureau Director, Border Security Force Counter-Trafficking and Crime Prevention Bureau Director, Special Task Force Director for Counter-Trafficking and Crime Prevention of Border Security Force, Border Security Force Reconnaissance Battalion Director; Coast Guard Region Commander, Coast Guard Service and Legal Affairs Bureau Director, Coast Guard Special Task Force Director for Counter-Trafficking and Crime Prevention, Coast Guard Reconnaissance Battalion Director; Fisheries Control Region Director;"

b) Amend and supplement Clause 4 as follows:

"4. Within twelve hours from the time of taking a person into custody in an emergency situation or receiving a person taken into custody in an emergency situation, the investigation agency or agency entrusted with conducting certain investigative activities must immediately take statements and those persons specified in point a and point b of Clause 2 of this Article must issue a decision to temporarily detain, issue an arrest warrant, or release the person immediately. The arrest warrant in an emergency situation must be sent immediately to the competent People's Procuracy along with related documents on the custody of the person for approval.

After taking a person into custody in an emergency situation, those persons specified in point c of Clause 2 of this Article must immediately transfer the person taken into custody along with related documents on the emergency custody to the investigation agency at the nearest airport or port. Within twelve hours from the time of receiving the person taken into custody, the investigation agency must immediately take statements and those persons specified in point a of Clause 2 of this Article must issue a decision to temporarily detain, issue an arrest warrant in an emergency situation, or release the person immediately. The arrest warrant in an emergency situation must be sent immediately to the competent People's Procuracy along with related documents on the custody of the person for approval.

The arrest warrant in an emergency situation must clearly state the name, address of the person taken into custody, the reason, and the basis for the emergency custody as prescribed in Clause 1 of this Article and the contents prescribed in Clause 2 of Article 132 of this Code."

12. Amend and supplement Clause 1 of Article 113 as follows:

"1. The following persons have the right to issue an arrest warrant to detain a suspect or defendant:

a) Heads and deputy heads of investigation agencies at all levels; investigators as prescribed in Clause 1a of Article 37 of this Law. In this case, the arrest warrant must be approved by the competent People's Procuracy before execution;

b) Heads and deputy heads of People's Procuracies at all levels and Military Procuracies at all levels;

c) Presidents and deputy presidents of People's Courts and Military Courts at all levels; Judges holding the positions of Chief Judge and Deputy Chief Judge of the Appeals Court of the Supreme People's Court; Trial Panels."

13. Add Clause 5 following Clause 4 of Article 131 as follows:

"5. Case files shall be established in paper form or digitized in accordance with regulations. The Minister of Public Security shall lead and coordinate with the Minister of National Defense, the Prosecutor General of the Supreme People's Procuracy, and the President of the Supreme People's Court to provide detailed regulations on this matter."

14. Add Clause 3 following Clause 2 of Article 132 as follows:

"3. The signature of the issuer of procedural documents is either a handwritten signature or a digital signature.

The Minister of Public Security shall lead and coordinate with the Minister of National Defense, the Prosecutor General of the Supreme People's Procuracy, and the President of the Supreme People's Court to provide detailed regulations on this matter."

15. Change the title of the Article and add Clause 5 following Clause 4 of Article 135 as follows:

a) Change the title of the Article as follows:

"Article 135. Costs in Criminal Proceedings";

b) Supplement Clause 5 after Clause 4 as follows

"5. The Standing Committee of the National Assembly shall specify the details regarding costs of proceedings and the exemption or reduction of such costs during the handling of cases."

16. Amend and supplement Point d Clause 1 Article 137 as follows:

"d) Announce on mass media, through digital platforms, commonly used applications deployed at the National Data Center, portal or website of the investigative agency."

17. Amend and supplement Article 141 as follows:

"Article 141. Procedure for Announcing on Mass Media, Through Digital Platforms, Commonly Used Applications Deployed at the National Data Center, Portal or Website of the Investigative Agency

1. Announcing procedural documents on mass media, through digital platforms, commonly used applications deployed at the National Data Center, portal or website of the investigative agency shall be carried out when public posting does not yield results or in other cases as prescribed by law.

2. Announcements on mass media shall be published in central daily newspapers for three consecutive issues and broadcast on central radio or television stations three times over three consecutive days.

The time limit for criminal proceedings shall be calculated from the date of completion of the announcement.

3. The Minister of Public Security shall take the lead and coordinate with the Minister of Defense, the Chief Prosecutor of the Supreme People's Procuracy, and the President of the Supreme People's Court to specify the detailed provisions of this Article.

18. Amend and supplement Clause 1 Article 149 as follows:

"1. When the reasons for temporarily suspending the handling of reports of criminal offenses, information about criminal offenses, and recommendations for prosecution no longer exist, the investigating agency, the agency assigned to carry out certain investigative activities, and the Procuracy shall issue a decision to resume the handling of reports of criminal offenses, information about criminal offenses, and recommendations for prosecution. The time limit for handling reports of criminal offenses, information about criminal offenses, and recommendations for prosecution following the resumption shall not exceed one month from the date of issuance of the resumption decision."

19. Amend and supplement Clause 2 Article 150 as follows:

"2. Disputes over jurisdiction to handle reports of criminal offenses, information about criminal offenses, and recommendations for prosecution between military investigation agencies in different military regions shall be resolved by the military procurator of the military region where the first report of criminal offense, information about criminal offense, or recommendation for prosecution was received."

20. Amend and supplement Points a and b Clause 5 Article 163 as follows:

"a) Provincial-level investigation agencies shall investigate criminal cases within the jurisdiction of provincial-level people's courts and regional people's courts;

b) Military investigation agencies in regions shall investigate criminal cases within the jurisdiction of military regional courts; Military investigation agencies in military regions shall investigate criminal cases within the jurisdiction of military regional courts or those under the jurisdiction of regional investigation agencies if they deem it necessary to directly investigate;"

21. Amend and supplement some clauses of Article 171 as follows:

a) Amend and supplement Clause 1 as follows:

"1. When necessary, the investigation agency may entrust another investigation agency to conduct certain investigative activities. The decision to entrust investigation must clearly state the requirements and be sent to the entrusted investigation agency and the procuratorate with authority to exercise public prosecution and supervise the entrusted investigative activities;"

b) Amend and supplement Clause 3 as follows:

"3. The procuratorate with authority shall be responsible for exercising public prosecution and supervising the entrusted investigative activities and must immediately transfer the results to the procuratorate that entrusted the investigation to exercise public prosecution and supervise the investigation."

22. Amend and supplement Points a, b, and c Clause 5 Article 172 as follows:

"a) For less serious crimes, the procuratorate of the region, the military procuratorate of the region shall extend the investigation period. In cases handled by the procuratorate of the province or the military procuratorate of the military region for public prosecution and supervision of the investigation, the procuratorate of the province or the military procuratorate of the military region shall extend the investigation period;

b) For serious crimes, the procuratorate of the region, the military procuratorate of the region shall extend the investigation period for the first and second times. In cases handled by the procuratorate of the province or the military procuratorate of the military region for public prosecution and supervision of the investigation, the procuratorate of the province or the military procuratorate of the military region shall extend the investigation period for the first and second times;

c) For very serious crimes, the procuratorate of the region, the military procuratorate of the region shall extend the investigation period for the first time; the procuratorate of the province, the military procuratorate of the military region shall extend the investigation period for the second time. In cases handled by the procuratorate of the province or the military procuratorate of the military region for public prosecution and supervision of the investigation, the procuratorate of the province or the military procuratorate of the military region shall extend the investigation period for the first and second times;"

23. Amend and supplement Point a Clause 3 Article 173 as follows:

"a) The procuratorate of the region, the military procuratorate of the region shall have the right to extend pre-trial detention for less serious crimes, serious crimes, and very serious crimes. In cases handled by the procuratorate of the province or the military procuratorate of the military region for public prosecution and supervision of the investigation, the procuratorate of the province or the military procuratorate of the military region shall have the right to extend pre-trial detention for less serious crimes, serious crimes, and very serious crimes.

The procuratorate of the province, the military procuratorate of the military region shall extend pre-trial detention for the first time for extremely serious crimes;"

24. Amend and supplement Clause 2 Article 193 as follows:

"2. In urgent situations, persons authorized under Clause 2 of Article 110 of this Code may issue search warrants. Within 24 hours from the completion of the search, the person issuing the warrant must notify in writing the procuratorate with authority."

25. Amend and supplement Clause 2 Article 208 as follows:

"2. The time limit for forensic examination in other cases shall be implemented according to the provisions of the Law on Forensic Examination."

26. Amend and supplement Clause 1 Article 225 as follows:

"1. The head of the provincial investigation agency, or the head of the military investigation agency at the level of military region or higher, may issue a decision to apply special investigative measures on their own initiative or upon request from the procurator of the provincial people's procuratorate, or the procurator of the military procuratorate at the level of military region or higher.

In cases where the investigation is handled and conducted by the regional military investigation agency, the head of the regional military investigation agency shall propose to the head of the military investigation agency at the level of military region or higher for consideration and decision to apply such measures."

27. Amend and supplement Article 233 as follows:

"Article 233. Investigation Conclusion in Cases of Prosecution Proposal

1. In cases of prosecution proposal, the investigation conclusion must clearly record the development of criminal acts; evidence determining the criminal acts of the suspect, methods, motives, purposes of the crime, nature, extent of damage caused by the criminal act; the application, change, or revocation of preventive measures, coercive measures; aggravating and mitigating circumstances of criminal responsibility, personal characteristics of the suspect; the seizure, temporary detention of documents and objects, and the handling of evidence; causes and conditions leading to the criminal act and other relevant circumstances; reasons and grounds for the prosecution proposal; the criminal charges, articles, clauses, and points of the Criminal Code applied; suggestions for resolving the case.

The investigation conclusion must clearly state the date, month, and year of issuance; the name, position, and signature of the person issuing the investigation conclusion.

2. The investigation agency may conclude the investigation with a prosecution proposal against the suspect when there is sufficient basis and it ensures the defense rights of the suspect according to this Code in the following situations:

a) The suspect has fled or their whereabouts are unknown and the manhunt has not been successful;

b) The suspect is abroad and cannot be summoned for investigative activities.

3. Within two days from the issuance of the investigation conclusion proposing prosecution against the suspect as stipulated in Clause 2 of this Article, if it is impossible to deliver the conclusion to the suspect, it must be posted publicly.

4. The Minister of Public Security shall take the lead and coordinate with the Minister of National Defense, the Procurator General of the Supreme People's Procuracy, and the President of the Supreme People's Court to provide detailed regulations on Clause 2 and Clause 3 of this Article.

28. Amend and supplement Clause 1 of Article 239 as follows:

"1. The procuratorate with the authority to decide on prosecution is the procuratorate that has exercised public prosecution and supervised the investigation. The prosecution authority of the procuratorate is determined based on the jurisdiction of the court over the case.

In cases where the procuratorate does not have the authority to prosecute, it shall immediately issue a decision to transfer the case to the procuratorate with the authority to prosecute. Transferring the case outside the province, city, or military region is decided by the provincial people's procuratorate or the military procuratorate at the level of military region.

For cases where the superior procuratorate exercises public prosecution and supervises the investigation, the superior procuratorate decides on prosecution. At least two months before the end of the investigation, the superior procuratorate must notify the procuratorate at the same level as the court with primary trial jurisdiction to assign a prosecutor to study the case file. Immediately after deciding on prosecution, the superior procuratorate issues a decision assigning the subordinate procuratorate to exercise public prosecution and supervise the trial; upon receiving the case file along with the indictment, the subordinate procuratorate with the authority to exercise public prosecution and supervise the trial shall proceed in accordance with the provisions of this Code."

29. Amend and supplement Article 243 as follows:

"Article 243. Decision to Prosecute the Suspect

1. The procuratorate prosecutes the suspect before the court through the indictment.

The indictment must clearly record the development of criminal acts; evidence determining the criminal acts of the suspect, methods, motives, purposes of the crime, nature, extent of damage caused by the criminal act; the application, change, or revocation of preventive measures, coercive measures; aggravating and mitigating circumstances of criminal responsibility, personal characteristics of the suspect; the seizure, temporary detention of documents and objects, and the handling of evidence; causes and conditions leading to the criminal act and other relevant circumstances.

The conclusion section of the indictment must clearly state the criminal charge and the relevant Articles, Clauses, and Points of the Criminal Code applied.

The indictment must clearly record the date, month, and year of issuance; the name, position, and signature of the person issuing the indictment.

2. The Prosecutor's Office may decide to prosecute the suspect when there is sufficient evidence and guarantees for the defense rights of the suspect as stipulated in this Code in the following cases:

a) The suspect has fled or their whereabouts are unknown and the manhunt has not been successful;

b) The suspect is abroad and cannot be summoned to serve the activities aimed at deciding on prosecution.

3. Within three days from the date of issuing the indictment as provided for in Clause 2 of this Article, the indictment must be posted if it cannot be delivered to the suspect.

4. The President of the Supreme People's Procuracy shall preside over and coordinate with the Minister of Public Security, the Minister of National Defense, the President of the Supreme People's Court to specify the details of Clause 2 and Clause 3 of this Article."

30. Amend and supplement Clause 2 of Article 262 as follows:

"2. Within ten days from the date of judgment or from the date of decision, the appellate court must send the judgment or appellate decision to the same-level prosecutor's office; competent criminal enforcement agency; Investigative agency, prosecutor's office, court that has conducted the first-instance trial; Detention center, prison where the defendant is being held; the person who appealed, the person with vested interests in the appeal or protest, or their representative; competent civil enforcement agency in case the appellate judgment includes a monetary penalty, confiscation of property, or a civil decision. It must also notify in writing the People's Committee of the commune where the defendant resides or the organization or institution where the defendant works or studies. In the case of the Appellate Court of the Supreme People's Court, the Central Military Court conducting appellate trials, this period may be extended but not exceed twenty-five days."

31. Amend and supplement Article 268 as follows:

"Article 268. Jurisdiction of Courts

1. The People's Court of the locality shall conduct first-instance trials of criminal cases involving less serious offenses, serious offenses, very serious offenses, and especially serious offenses where the highest sentence prescribed by the Criminal Code is up to twenty years' imprisonment.

2. The Provincial People's Court shall conduct first-instance trials of cases:

a) Criminal cases involving offenses not within the jurisdiction of the People's Court of the locality;

b) Criminal cases within the jurisdiction of the People's Court of the locality but with many complex circumstances, involving multiple levels and sectors, attracting significant public attention; cases affecting politics or foreign relations; cases where the offender is a leading cadre at the provincial level or higher, a religious dignitary, or a person of high standing among ethnic minorities.

The President of the Supreme People's Court shall preside over and coordinate with the Prosecutor General of the Supreme People's Procuracy to specify the details of this point.

3. The Military Court of the locality shall conduct first-instance trials of criminal cases involving less serious offenses, serious offenses, and very serious offenses, except for offenses and cases:

a) Crimes endangering national security;

b) Offenses of undermining peace, crimes against humanity, and war crimes;

c) Offenses prescribed in Articles 123, 125, 126, 227, 277, 278, 279, 280, 282, 283, 284, 286, 287, 288, 337, 368, 369, 370, 371, 399, and 400 of the Criminal Code;

d) Offenses committed outside the territory of the Socialist Republic of Vietnam;

đ) Criminal cases where the defendant, victim, or party is abroad or where the property involved in the case is located abroad.

4. The Military Court of the Military Region shall conduct first-instance trials of cases:

a) Criminal cases involving offenses not within the jurisdiction of the Military Court of the locality;

b) Criminal cases within the jurisdiction of the Military Court of the locality but with many complex circumstances difficult to assess or unify regarding the nature of the case, or involving multiple levels and sectors; cases where the defendant is a Judge, Prosecutor, Investigator, a leading cadre at the provincial level or higher, a Battalion Commander, or a person of high standing among ethnic minorities."

32. Amend and supplement Clause 2 of Article 269 as follows:

"2. If the defendant commits a crime abroad and is tried in Vietnam, the People's Court of the last place of residence in Vietnam of the defendant shall have jurisdiction according to its authority. If the last place of residence in Vietnam of the defendant cannot be determined, depending on each case, the President of the Supreme People's Court shall issue a decision to transfer the case to a People's Court of the locality under the People's Court of Hanoi City, Da Nang City, or Ho Chi Minh City, or to the People's Court of Hanoi City, Da Nang City, or Ho Chi Minh City for trial.

If the defendant commits a crime abroad and falls under the jurisdiction of the Military Court, the Military Court of the Military Region shall try the case according to the decision of the President of the Central Military Court."

33. Amend and supplement Point a of Clause 2 of Article 290 as follows:

"a) The defendant is at large or his whereabouts are unknown and the manhunt has been unsuccessful;"

34. Amend and supplement Clause 1 and Clause 2 of Article 344 as follows:

"1. The Provincial People's Court shall have jurisdiction to hear appeals and protests against judgments and decisions of the People's Court of the locality.

2. The Appellate Division of the Supreme People's Court shall have jurisdiction to hear appeals and protests against judgments and decisions of the Provincial People's Court."

35. Amend and supplement Clause 1 and Clause 2 of Article 346 as follows:

"1. The Provincial People's Court, the Military Court of the Military Region must convene the appellate hearing within sixty days from the date of receiving the case file; in cases involving especially serious offenses with the highest sentence up to twenty years' imprisonment, the time limit for convening the appellate hearing is ninety days from the date of receiving the case file.

The Appellate Division of the Supreme People's Court, the Central Military Court must convene the appellate hearing within ninety days from the date of receiving the case file.

2. Within forty-five days for the Provincial People's Court, the Military Court of the Military Region, seventy-five days for the Appellate Division of the Supreme People's Court, the Central Military Court from the date of accepting the case, the Presiding Judge must issue one of the following decisions:

a) Dismiss the appellate hearing;

b) Proceed with the appellate hearing."

36. Amend and supplement Clause 1 and Clause 2 of Article 347 as follows:

"1. After accepting the case for trial, the Court of Appeal has the authority to decide on the application, modification, or revocation of preventive measures and coercive measures.

The application, modification, or revocation of temporary detention measures shall be decided by the Chief Justice, Deputy Chief Justice of the Court; Judge holding the position of Chief Judge, Deputy Chief Judge of the Supreme People's Court of Appeals. The application, modification, or revocation of other preventive measures and coercive measures shall be decided by the presiding Judge.

2. The period of temporary detention for preparing for the trial shall not exceed the preparation period for the appellate trial as stipulated in Article 346 of this Code.

In cases where there remains a period of temporary detention of the defendant and it is deemed necessary to continue the temporary detention of the defendant, the Court of Appeal shall use the period of temporary detention according to the decision of the first-instance court. If the period of temporary detention of the defendant according to the decision of the first-instance court has expired, the Chief Justice, Deputy Chief Justice of the Court, Judge holding the position of Chief Judge, Deputy Chief Judge of the Supreme People's Court of Appeals shall issue a new decision on temporary detention.

For defendants who are under temporary detention, if it is deemed necessary to continue the temporary detention to complete the trial, the Bench shall issue a decision on temporary detention until the end of the trial session."

37. Amend and supplement Clause 2 and add Clause 3 after Clause 2 of Article 352 as follows:

"2. The period for postponing the appellate trial session shall be implemented according to the provisions of Clause 2 of Article 297 of this Code.

3. The decision to postpone the appellate trial session must be signed by the presiding Judge representing the Bench. In cases where the presiding Judge is absent or replaced, the Chief Justice of the Court, Judge holding the position of Chief Judge of the Supreme People's Court of Appeals shall sign the decision to postpone the trial session.

The decision to postpone the trial session must be immediately notified to those participants present at the trial session; sent to the same-level Procuracy and those absent from the trial session within two days from the date of issuance of the decision."

38. Amend and supplement some Points and Clauses of Article 367 as follows:

"a) Amend and supplement Point e of Clause 1 as follows:"

"e) In cases where the person convicted submits a request for amnesty or commutation to the President, the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy shall provide opinions to the President regarding the examination of the request for amnesty or commutation. In cases where the President decides on amnesty or commutation, the Chief Justice of the Court that rendered the first-instance judgment shall issue a decision to convert the death penalty into life imprisonment for the person convicted. Upon expiration of one year from the date of receipt of the opinions of the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, if the President does not issue a decision on amnesty or commutation, the competent authority shall immediately notify about the absence of a decision on amnesty or commutation from the President so that the Chief Justice of the Court that rendered the first-instance judgment can organize the execution of the death sentence according to the regulations."

b) Add Clause 3 after Clause 2 as follows:

"3. The Chief Justice of the Supreme People's Court shall chair and coordinate with the Prosecutor General of the Supreme People's Procuracy, the Minister of Public Security, the Minister of National Defense to specify this provision."

39. Amend and supplement Clause 2 of Article 372 as follows:

"2. The Military Court of Military Region shall implement the review of judgments and decisions that have taken legal effect of the Military Court of the region to detect violations of the law and propose to the Chief Justice of the Central Military Court to consider lodging a protest."

40. Amend and supplement some Clauses of Article 373 as follows:

a) Amend and supplement Clause 1 as follows:

"1. The Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy have the right to lodge a protest according to the cassation procedure against judgments and decisions that have taken legal effect of the Supreme People's Court of Appeals, provincial-level People's Courts; judgments and decisions that have taken legal effect of other courts, except for decisions of the Bench of the Supreme People's Court, when they deem it necessary."

b) Amend and supplement Clause 3 as follows:

"3. The Chief Justice of the provincial-level People's Court, the Prosecutor General of the provincial-level People's Procuracy have the right to lodge a protest according to the cassation procedure against judgments and decisions that have taken legal effect of the People's Court in the province or city."

41. Amend and supplement Article 382 as follows:

"Article 382. Jurisdiction for cassation review

1. The Supreme People's Court Council of Judges shall conduct cassation review by a panel of five judges for judgments and decisions that have become legally binding of the Supreme People's Court Appeals Panel, provincial-level People's Courts, and central military courts which have been protested.

2. The Full Council of Judges of the Supreme People's Court shall conduct cassation review for judgments and decisions that have become legally binding as specified in Clause 1 of this Article but are complex in nature, or for judgments and decisions that have already been reviewed by a panel of five judges from the Supreme People's Court Council of Judges but where there is no consensus when voting on the decision to resolve the case.

When the Full Council of Judges of the Supreme People's Court conducts a cassation review, at least two-thirds of the total number of members must participate, with the President of the Supreme People's Court presiding over the session. The decision of the Full Council of Judges of the Supreme People's Court must be approved by more than half of the total number of members; if not, the session must be postponed. Within thirty days from the date of the decision to postpone the session, the Full Council of Judges must reconvene to hear the case again.

3. The Military Court Council of Judges shall conduct cassation review for judgments and decisions that have become legally binding of military regional courts and military area courts which have been protested. When conducting a cassation review, at least two-thirds of the total number of members of the Military Court Council of Judges must participate, with the President of the Central Military Court presiding over the session. The decision of the Council of Judges must be approved by more than half of the total number of members; if not, the session must be postponed. Within thirty days from the date of the decision to postpone the session, the Council of Judges must reconvene to hear the case again.

4. The Provincial People's Court Council of Judges shall conduct cassation review for judgments and decisions that have become legally binding of district-level People's Courts which have been protested. When conducting a cassation review, at least two-thirds of the total number of members of the Provincial People's Court Council of Judges must participate, with the President of the Provincial People's Court presiding over the session. The decision of the Council of Judges must be approved by more than half of the total number of members; if not, the session must be postponed. Within thirty days from the date of the decision to postpone the session, the Council of Judges must reconvene to hear the case again.

5. If judgments and decisions that have become legally binding and are subject to cassation review fall under different levels of jurisdiction, then the Supreme People's Court Council of Judges shall conduct cassation review for the entire case.

42. Amend and supplement Clause 3 of Article 400 as follows:

"3. The Procurator of the provincial-level People's Procuracy has the right to protest judgments and decisions that have become legally binding of district-level People's Courts within the province or city."

43. Amend and supplement Clause 2 and Clause 3 of Article 474 as follows:

"2. The Procurator has the responsibility to resolve complaints about decisions and investigative actions in cases of emergency detention, arrest, temporary detention, and pre-trial detention during the investigation and prosecution stages. The authority responsible for emergency detention, arrest, temporary detention, and pre-trial detention must immediately transfer the complaint of the person detained, arrested, temporarily detained, or pre-trial detained to the Procuracy for prosecution and supervision of the investigation case or matter within twenty-four hours of receiving the complaint.

Complaints against decisions and investigative actions of the Head or Deputy Head of the Investigation Agency, Investigators, Investigative Officers, Prosecutors, Inspector Officers, or persons assigned to perform certain investigative activities in cases of emergency detention, arrest, temporary detention, and pre-trial detention shall be resolved by the Procurator.

Complaints against decisions and investigative actions of the Deputy Procurator in cases of arrest, temporary detention, and pre-trial detention shall be resolved by the Procurator.

If dissatisfied with the decision resolving the complaint by the Procurator, the complainant may appeal to the Procurator of the higher-level Procuracy within three days from the date of receipt of the decision resolving the complaint. Within seven days from the date of receipt of the appeal, the Procurator of the higher-level Procuracy must examine and resolve it. The decision resolving the complaint by the Procurator of the higher-level Procuracy is a legally binding decision.

Complaints against decisions and investigative actions of the Procurator in cases of arrest, temporary detention, and pre-trial detention shall be examined and resolved by the Procurator of the higher-level Procuracy. Within seven days from the date of receipt of the complaint, the Procurator of the higher-level Procuracy must examine and resolve it. The decision resolving the complaint by the Procurator of the higher-level Procuracy is a legally binding decision.

3. The Court has the responsibility to resolve complaints about decisions to arrest and pre-trial detention during the trial stage.

Complaints against decisions and investigative actions of the Deputy Chief Judge in cases of arrest and pre-trial detention shall be examined and resolved by the Chief Judge of the Court. If dissatisfied with the decision resolving the complaint by the Chief Judge, the complainant may appeal to the Chief Judge of the Court at the next level within three days from the date of receipt of the decision resolving the complaint. Within seven days from the date of receipt of the appeal, the Chief Judge of the Court at the next level must examine and resolve it. The decision resolving the complaint by the Chief Judge of the Court at the next level is a legally binding decision.

Complaints against decisions and investigative actions of the Chief Judge of the Court in cases of arrest and pre-trial detention shall be examined and resolved by the Chief Judge of the Court at the next level. Within seven days from the date of receipt of the complaint, the Chief Judge of the Court at the next level must examine and resolve it. The decision resolving the complaint by the Chief Judge of the Court at the next level is a legally binding decision.

Complaints against decisions and procedural acts of a Judge holding the position of Deputy Chief Justice of the Supreme Court's Appeals Court regarding arrest and temporary detention shall be examined and resolved by the Chief Justice of the Supreme Court's Appeals Court. If dissatisfied with the decision resolving the complaint made by the Chief Justice of the Supreme Court's Appeals Court, the complainant has the right to file a complaint to the Chief Justice of the Supreme Court within three days from the date of receipt of the decision resolving the complaint. Within seven days from the date of receipt of the complaint, the Chief Justice of the Supreme Court must examine and resolve it. The decision resolving the complaint by the Chief Justice of the Supreme Court is a decision having legal effect.

Complaints against decisions and procedural acts of a Judge holding the position of Chief Justice of the Supreme Court's Appeals Court regarding arrest and temporary detention shall be examined and resolved by the Chief Justice of the Supreme Court. Within seven days from the date of receipt of the complaint, the Chief Justice of the Supreme Court must examine and resolve it. The decision resolving the complaint by the Chief Justice of the Supreme Court is a decision having legal effect.

44. Amend and supplement Clause 1 of Article 475 as follows:

"1. Complaints against decisions and procedural acts of Investigators, Investigative Officers, Deputy Heads of Investigative Agencies, except complaints about the detention of persons in emergency situations, arrest, temporary detention, and temporary imprisonment, shall be examined and resolved by the Head of the Investigative Agency within seven days from the date of receipt of the complaint. If dissatisfied with the decision resolving the complaint made by the Head of the Investigative Agency, the complainant has the right to file a complaint to the Prosecutor General with jurisdiction within three days from the date of receipt of the decision resolving the complaint. Within seven days from the date of receipt of the complaint, the Prosecutor General with jurisdiction must examine and resolve it. The decision resolving the complaint by the Prosecutor General with jurisdiction is a decision having legal effect.

Complaints against decisions and procedural acts of the Head of the Investigative Agency and investigative decisions approved by the Prosecutorial Agency shall be resolved by the Prosecutor General with jurisdiction within seven days from the date of receipt of the complaint. If dissatisfied with the decision resolving the complaint made by the Prosecutor General with jurisdiction, the complainant has the right to file a complaint to the Prosecutor General of the immediate superior agency within three days from the date of receipt of the decision resolving the complaint. Within fifteen days from the date of receipt of the complaint, the Prosecutor General of the immediate superior agency must examine and resolve it. The decision resolving the complaint by the Prosecutor General of the immediate superior agency is a decision having legal effect.

45. Amend and supplement Article 476 as follows:

"Article 476. Authority and time limit for resolving complaints against Procurators, Inspectors, Deputy Procurator Generals, Procurator Generals of Procuratorial Agencies, Deputy Procurator Generals, and Procurator Generals of Public Prosecution Agencies and Appeals Procuratorial Agencies of the Supreme People's Procuracy

1. Complaints against decisions and procedural acts of Procurators, Inspectors, Deputy Procurators of Procuratorial Agencies shall be examined and resolved by the Procurator General of the Procuratorial Agency within seven days from the date of receipt of the complaint. If dissatisfied with the decision resolving the complaint made by the Procurator General of the Procuratorial Agency, the complainant has the right to file a complaint to the immediate superior Procuratorial Agency within three days from the date of receipt of the decision resolving the complaint. Within fifteen days from the date of receipt of the complaint, the immediate superior Procuratorial Agency must examine and resolve it. The decision resolving the complaint by the Procurator General of the immediate superior Procuratorial Agency is a decision having legal effect.

2. Complaints against decisions and procedural acts of the Procurator General of the Procuratorial Agency shall be examined and resolved by the immediate superior Procuratorial Agency within fifteen days from the date of receipt of the complaint. The decision resolving the complaint by the Procurator General of the immediate superior Procuratorial Agency is a decision having legal effect.

3. Complaints against decisions and procedural acts of Deputy Procurator Generals of the Supreme People's Procuracy, Procurators, and Inspectors working at the Supreme People's Procuracy, Procurators, and Inspectors working at the Central Military Procuracy, Deputy Procurator Generals of the Central Military Procuracy shall be examined and resolved by the Procurator General of the Supreme People's Procuracy, the Procurator General of the Central Military Procuracy within fifteen days from the date of receipt of the complaint. The decision resolving the complaint by the Procurator General of the Supreme People's Procuracy, the Procurator General of the Central Military Procuracy is a decision having legal effect.

In cases where complaints are filed against decisions and procedural acts of Procurators, Inspectors, Deputy Procurator Generals of the Public Prosecution Agency and Appeals Procuratorial Agency, they shall be examined and resolved by the Procurator General of the Public Prosecution Agency and Appeals Procuratorial Agency within seven days from the date of receipt of the complaint. If dissatisfied with the decision resolving the complaint made by the Procurator General of the Public Prosecution Agency and Appeals Procuratorial Agency, the complainant has the right to file a complaint to the Procurator General of the Supreme People's Procuracy within three days from the date of receipt of the decision resolving the complaint. Within fifteen days from the date of receipt of the complaint, the Procurator General of the Supreme People's Procuracy must examine and resolve it. The decision resolving the complaint by the Procurator General of the Supreme People's Procuracy is a decision having legal effect. Complaints against decisions and procedural acts of the Procurator General of the Public Prosecution Agency and Appeals Procuratorial Agency shall be examined and resolved by the Procurator General of the Supreme People's Procuracy within fifteen days from the date of receipt of the complaint. The decision resolving the complaint by the Procurator General of the Supreme People's Procuracy is a decision having legal effect.

46. Amend and supplement Article 477 as follows:

"Article 477. Jurisdiction and Time Limit for Handling Complaints against Judges, Court Clerks, Investigators, Deputy Presidents, Presidents of Courts, Deputy Presidents, and Presidents of the Supreme People's Court of Appeals

1. Complaints against decisions and procedural acts of judges, court clerks, investigators, deputy presidents of provincial people's courts, military region people's courts before the trial session shall be resolved by the president of the provincial people's court, the president of the military region people's court within seven days from the date of receipt of the complaint.

If dissatisfied with the decision resolving the complaint made by the president of the provincial people's court, the president of the military region people's court, the complainant has the right to file a complaint to the president of the provincial-level people's court, the president of the military zone people's court within three days from the date of receipt of the decision resolving the complaint. Within fifteen days from the date of receipt of the complaint, the president of the provincial-level people's court, the president of the military zone people's court must examine and resolve it. The decision resolving the complaint by the president of the provincial-level people's court, the president of the military zone people's court is a decision having legal effect.

Complaints against decisions and procedural acts of the president of the provincial people's court, the president of the military region people's court before the trial session shall be examined and resolved by the president of the provincial-level people's court, the president of the military zone people's court within fifteen days from the date of receipt of the complaint. The decision resolving the complaint by the president of the provincial-level people's court, the president of the military zone people's court is a decision having legal effect.

2. Complaints against decisions and procedural acts of judges, court clerks, investigators, deputy presidents of provincial-level people's courts, military zone people's courts before the trial session shall be examined and resolved by the president of the provincial-level people's court, the president of the military zone people's court within seven days from the date of receipt of the complaint. If dissatisfied with the decision resolving the complaint made by the president of the provincial-level people's court, the president of the military zone people's court, the complainant has the right to file a complaint to the president of the Supreme People's Court, the president of the Central Military Court for examination and resolution within fifteen days. The decision resolving the complaint by the president of the Supreme People's Court, the president of the Central Military Court is a decision having legal effect.

Complaints against decisions and procedural acts of the president of the provincial-level people's court, the president of the military zone people's court shall be examined and resolved by the president of the Supreme People's Court, the president of the Central Military Court within fifteen days from the date of receipt of the complaint. The decision resolving the complaint by the president of the Supreme People's Court, the president of the Central Military Court is a decision having legal effect.

3. Complaints against decisions and procedural acts of judges of the Supreme People's Court, court clerks, investigators working at the Supreme People's Court, deputy presidents of the Supreme People's Court, judges, court clerks, and investigators working at the Central Military Court, deputy presidents of the Central Military Court shall be examined and resolved by the president of the Supreme People's Court, the president of the Central Military Court within fifteen days from the date of receipt of the complaint. The decision resolving the complaint by the president of the Supreme People's Court, the president of the Central Military Court is a decision having legal effect.

In the case of complaints against decisions and procedural acts of judges, court clerks, investigators, deputy presidents of the Supreme People's Court of Appeals before the trial session, they shall be examined and resolved by the president of the Supreme People's Court of Appeals within seven days from the date of receipt of the complaint. If dissatisfied with the decision resolving the complaint made by the president of the Supreme People's Court of Appeals, the complainant has the right to file a complaint to the president of the Supreme People's Court for examination and resolution within fifteen days. The decision resolving the complaint by the president of the Supreme People's Court is a decision having legal effect.

Complaints against decisions and procedural acts of the president of the Supreme People's Court of Appeals shall be examined and resolved by the president of the Supreme People's Court within fifteen days from the date of receipt of the complaint. The decision resolving the complaint by the president of the Supreme People's Court is a decision having legal effect."

47. Amend and supplement Clause 1 of Article 481 as follows:

"1. A report on the violation of the law by a person authorized to conduct criminal proceedings belonging to which authority shall be resolved by the head of that authority.

In the case where the person reported is the Head of the Investigation Agency, the Prosecutor of the Prosecution Office, the Head of the Investigation Agency, the Prosecutor of the Prosecution Office at the higher level directly has the authority to resolve it.

In the case where the person reported is the President of the Provincial People's Court, the President of the Military Region People's Court, the President of the Provincial People's Court, the President of the Military Zone People's Court has the authority to resolve it.

In the case where the person reported is the President of the Provincial People's Court, the President of the Military Zone People's Court, the President of the Supreme People's Court, the President of the Central Military Court has the authority to resolve it.

In the case where the person reported is the President of the Central Military Court, the President of the Supreme People's Court has the authority to resolve it. Reports on the procedural acts of persons assigned to perform certain investigative activities shall be examined and resolved by the Prosecution Office exercising public prosecution and supervising the investigation."

48. Amend and supplement Clause 1 of Article 483 as follows:

"1. The Prosecution Office has the authority and the superior Prosecution Office supervises the resolution of complaints and reports of the Investigation Agency, the agency assigned to perform certain investigative activities, and the Court."

49. Amend and supplement Point a Clause 2 of Article 485 as follows:

"a) The head, deputy head of the investigation agency of the People's Public Security, investigators as prescribed in Clause 1a, Article 37 of this Code have the authority to issue decisions on applying protective measures for protected persons in criminal cases handled, resolved, or investigated by their own agencies, or at the request of the People's Procuracy, People's Court with jurisdiction, or at the request of the Supreme People's Procuracy;"

50. Amend and supplement Clause 3 of Article 487 as follows:

"3. When conducting proceedings for a case, the agency assigned to carry out certain investigative activities, the Procuracy, the Court upon receiving requests or applications for applying protective measures shall be responsible for examining and proposing the same-level Investigation Agency to examine and decide on applying protective measures. In the case where the People's Procuracy of the region, the People's Court of the region receives requests or applications for protection, they shall propose the provincial-level Investigation Agency to examine and decide on applying protective measures."

51. Amend and supplement some clauses of Article 501 as follows:

a) Amend and supplement Clause 1 as follows:

"1. Within thirty days from the date of receipt of the request of the competent authority of a foreign country regarding the enforcement of the criminal judgment, decision of a foreign court against a Vietnamese citizen who has been refused extradition, the People's Court that issued the decision to refuse extradition shall examine the request of the foreign country."

b) Amend and supplement Clauses 5, 6, and 7 as follows:

"5. At the latest ten days from the date of issuing the decision to enforce or not to enforce the judgment, decision of a foreign court, the People's Court of the region shall send the decision to the person requested to enforce, the same-level People's Procuracy, and the Ministry of Public Security for implementation.

The person requested to enforce the judgment, decision of a foreign court has the right to appeal within fifteen days, the same-level People's Procuracy has the right to lodge a protest within fifteen days, and the provincial-level People's Procuracy has the right to lodge a protest within thirty days from the date the People's Court of the region issues the decision.

The People's Court of the region must send the file and appeals, protests to the provincial-level People's Court within seven days from the end of the appeal and protest period.

6. Within twenty days from the date of receipt of the file for examination of the request to enforce the judgment, decision of a foreign court with appeals or protests, the provincial-level People's Court shall convene a session to examine the decision of the People's Court of the region that has been appealed or protested.

The procedure for examining appeals and protests against the decision of the People's Court of the region shall be carried out in accordance with the provisions of this Article.

7. The decision to enforce the judgment, decision of a foreign court against a Vietnamese citizen in Vietnam shall take legal effect if:

a) The decision of the People's Court of the region is not appealed or protested;

b) The decision of the provincial-level People's Court."

52. Amend and supplement Clause 3 of Article 502 as follows:

"3. The President, Vice-President of the People's Court of the region, the President, Vice-President of the provincial-level People's Court decide on the application of preventive measures prescribed in Clause 1 of this Article. The presiding Judge of the session examining the extradition request has the authority to decide on the application of the residence ban measure and the bail measure to ensure the presence of the person requested for extradition at the session."

53. Amend and supplement Clause 2 of Article 503 as follows:

"2. The temporary detention period for examining the extradition request shall not exceed the detention order period of the competent authority of the requesting country or the term of imprisonment to be served or still to be served in the judgment, decision of the requesting country's court.

If necessary, the People's Court of the region, the provincial-level People's Court may send a document requesting the competent authority of the requesting country to issue an order or decision on temporary detention or extension of temporary detention of the person requested for extradition to ensure the examination of the extradition request; the request document shall be sent through the Ministry of Public Security."

54. Add Article 506a after Article 506 as follows:

"Article 506a. Detention in Emergency Situations Prior to Extradition Request

Detention in emergency situations prior to the extradition request from foreign competent authorities shall be carried out in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a member and the law on extradition."

55. Add the phrase ", Head of Sub-camp within the Detention Camp" after the phrase "Head of Temporary Detention Facility" in Clause 2 Article 134, Clause 1 Article 332 and Clause 3 Article 333; add the phrase "or has sufficient capacity for cognition and control over behavior" after the phrase "has recovered from illness" in Clause 2 Article 454.

56. Replace the phrase "Police Station of Commune, Ward, Town" with the phrase "Police Station at Commune Level" in Clause 3 Article 111, Clause 3 Article 112 and Clause 3 Article 146.

57. Replace the phrase "Procuracy at the Same Level" with the phrase "Procuracy with Competent Authority" in Clause 2 Article 114, Clause 5 Article 119, Clause 4 Article 121, Clause 3 Article 122, Clause 2 Article 124, Clauses 2 and 4 Article 128, Clauses 2 and 4 Article 129, Clause 3 Article 152, Clause 1 Article 169, Clause 3 Article 170, Clause 3 Article 179, Clause 3 Article 180, Clause 1 Article 189, Clause 1 Article 190, Clause 1 Article 191, Clause 3 Article 193, Clauses 1 and 2 Article 197, Clause 2 Article 198, Clause 2 Article 201, Clause 1 Article 202, Clause 2 Article 204, Clause 3 Article 229, Clauses 2 and 3 Article 231, Clause 4 Article 232, Article 235, Article 439, Clause 1 Article 449 and Clause 2 Article 457.

58. Replace the phrase "High People's Procuracy" with the phrase "Supreme People's Procuracy" in Clause 1 Article 341.

59. Replace the phrase "Commune, Ward, Town People's Administration" with the phrase "People's Committee at Commune Level" in Clause 2 Article 113, Article 116, Clause 6 Article 119, Clause 1 Article 120, Clause 2 Article 121, Clauses 5 and 6 Article 123, Clause 4 Article 128, Clauses 2 and 3 Article 138, Clause 2 Article 182, Point a Clause 3 Article 185, Clauses 1, 2 and 3 Article 195, Clause 1 Article 198, Clause 4 Article 202, Clause 1 Article 262, Clause 8 Article 368, Clause 2 Article 369, Clause 2 Article 395, Point b Clause 3 Article 437 and Clause 2 Article 440.

60. Replace the phrase "Local People's Administration" with the phrase "People's Committee" in Point c Clause 1 Article 90.

61. Replace the phrase "Commune, Ward, Town People's Committee" with the phrase "People's Committee at Commune Level" in Clause 2 Article 140, Clause 1 Article 262, Clause 1 Article 286.

62. Replace the phrase "People's Court at District Level" with the phrase "People's Court in the Region" in Clause 1 and Clause 2 Article 275; replace the phrase "People's Court at Provincial Level" with the phrase "People's Court in the Region" in Clause 1 and Clause 2 Article 452.

63. Replace the phrase "recovered from illness" with the phrase "has a conclusion of recovery or has a conclusion of sufficient capacity for cognition and control over behavior" in Clause 1 Article 290, Clause 2 Article 452; replace the phrase "mental health compulsory treatment facility" with the phrase "medical examination and treatment facility" in Clause 1 and Clause 2 Article 454; replace the phrase "compulsory treatment facility" with the phrase "medical examination and treatment facility" in Clause 3 Article 454.

64. Replace the phrase "Investigative Execution Agency of Public Security at District Level" with the phrase "Investigative Execution Agency of Public Security at Provincial Level" in Clause 3 Article 364, Clauses 8, 9 and 10 Article 368.

65. Replace the phrase "Committee for Justice of the National Assembly" with the phrase "Committee for Law and Justice of the National Assembly" in Clause 1 and Clause 3 Article 404, Clause 1 and Clause 2 Article 405, Article 406, Clauses 2, 3 and 5 Article 407, Article 408, Point a Clause 2 Article 411 and Article 412.

66. Replace the phrase "cấp cao" with the phrase "cấp tỉnh" in Clause 2 and Clause 3 Article 380.

67. Replace the phrase "Cơ quan điều tra cùng cấp" with the phrase "Cơ quan điều tra có thẩm quyền" in Clause 1 Article 262.

68. Replace the phrase "thành phố trực thuộc Trung ương" with the phrase "thành phố" in Points b, đ and h Clause 2 Article 4, Point c Clause 5 Article 163, Clause 2 Article 169, Clause 1 Article 274, Clause 1 and Clause 2 Article 275. 69. Delete the phrase "Viện kiểm sát cùng cấp hoặc" in Clause 4 Article 117, Clause 2 Article 118, Clause 5 Article 146, Paragraph 2 Clause 2 Article 147, Clause 2 Article 148, Clause 2 Article 149, Clause 2 Article 156 and Clause 1 Article 158.

70. Delete the phrase "Viện trưởng Viện kiểm sát cùng cấp hoặc" in Paragraph 1 Clause 2 Article 147 and Clause 4 Article 481.

Article 2. Effective Date

This Law shall take effect from July 1, 2025.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the fifteenth session, the ninth meeting on June 27, 2025..

 

SPEAKER OF THE NATIONAL ASSEMBLY

(Signed)



Tran Thanh Man

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số 99/2025/QH15
Law Amending and Supplementing Certain Articles of the Criminal Procedure Code No. 99/2025/QH15
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