PROCEDURE FOR RESOLVING A CRIMINAL MATTER
The process of resolving a criminal case in Vietnam is governed by the 2015 Criminal Procedure Code and generally consists of five main stages:
Stage 1: Institution of Criminal Proceedings
- This is the initial stage, beginning when a competent authority receives a criminal denunciation, report, or petition for prosecution.
- If there are sufficient grounds, the authority shall issue a decision to institute criminal proceedings.
- If there are no grounds, it shall issue a decision not to institute criminal proceedings.
- Competent authorities include: investigation agencies, agencies assigned to conduct investigative activities, the People’s Procuracy, and trial panels.
Stage 2: Investigation
At this stage, the investigation agency applies all lawful measures to establish the crime and the perpetrator, serving as a basis for trial.
Main investigative activities include: interrogation of suspects, witness statements, confrontation, search and seizure, crime scene examination, autopsy, forensic examination, asset valuation, and investigative experiments.
Upon completion:
- The investigator may issue a conclusion and recommendation for prosecution; or
- Suspend the investigation if no crime can be established.
Stage 3: Prosecution
The investigation file is transferred to the People’s Procuracy. Within the statutory time limit, the procuracy may:
- Prosecute the accused before the court by issuing an indictment;
- Return the file for further investigation;
- Suspend or temporarily suspend proceedings in whole or in part.
Stage 4: Trial
The People’s Court conducts trial proceedings based on the indictment and the evidence.
- Trials are conducted orally, directly, and continuously.
- At the end, the trial panel issues a judgment or decision.
- Subsequent review stages may include:
- Appellate trial (if the first-instance judgment is appealed or protested).
- Cassation (judicial review) (if the effective judgment contains legal violations).
- Reopening trial (if new facts are discovered which may fundamentally alter the judgment).
Stage 5: Enforcement of Judgments
Once the judgment becomes legally effective:
- The Chief Justice of the first-instance court issues a decision on enforcement.
- The criminal judgment enforcement agency executes the decision.
- The decision must be issued within 7 days from the effective date of the judgment or receipt of appellate/cassation/reopening decisions.
Under Article 55 of the 2015 Criminal Procedure Code, participants in criminal proceedings include:
- Complainants and petitioners (persons who report or denounce crimes).
- Persons denounced or petitioned for prosecution.
- Arrestees, detainees, and persons held in urgent cases.
- Suspects (bị can) and defendants (bị cáo).
- Victims.
- Civil plaintiffs and civil defendants.
- Persons with related rights and obligations.
- Witnesses and observers.
- Experts and valuators.
- Interpreters and translators.
- Defense counsels.
- Legal representatives protecting lawful rights and interests of victims, civil parties, and accused persons.
- Lawful representatives of legal entities committing crimes.
To ensure your rights when there are any accusations or summonses from competent authorities in Vietnam, please contact An Law Vietnam team of lawyers immediately to receive the fastest legal advice and support.
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