Chương VIII Bộ luật Tố tụng hình sự 2015: Hồ sơ vụ án, văn bản tố tụng, thời hạn và chi phí tố tụng

Chapter VIII

CASE FILE, PROCEDURAL DOCUMENT, TIME LIMIT AND PROCEDURAL EXPENSES

Article 131. Case file

1. Investigation authorities, when filing charges, must establish case files.

2. The case file comprises:

a) Orders, decisions and requests by investigation authorities and procuracies;

b) Procedural records made by investigation authorities and procuracies;

c) Evidences and documents related to the case.

3. Evidences and documents acquired by The procuracy or Court during the stage of prosecution and adjudication must be put into the case file.

4. Documents enclosed to the case file must be summarized. Summarization of such documents must specify names, numbers and properties of documents (if available). Documents added to the case file shall be summarized. The case file must be managed, retained and used as per the laws.

Article 132. Procedural documents

1. Procedural documents include orders, decisions, requests, investigation findings, charges, judgments and other procedural documents universally formatted for procedural activities.

2. Procedural documents must bear:

a) Number, issue date and issuing place of the procedural document;

c) Grounds for the issuance of the procedural document;

c) Contents of the procedural document;

d) Full name, position and signature of the individual issuing the procedural document and official seal.

Article 133. Records

1. Procedural activities must executed in written records universally formatted.

A written record shall specify location, time, date , starting and ending time, details of the procedural activity, individuals authorized to institute legal procedure, participants or persons involved in legal proceedings, their complaints, petitions or recommendations.

2. The record must bear signatures of the individuals as defined in this Law. Such individuals affix signatures to endorse the record’s details modified, added, removed or erased.

If participants in legal proceedings do not sign the record, the individual making such record shall write down reasons and ask witnesses to sign the record.

If participants in legal proceedings are illiterate, the individual making the record shall read it out in the presence of witnesses. The record must bear fingerprints of participants in legal proceedings and signatures of witnesses.

If a participant in legal proceedings cannot sign the record due to their mental or physical defects or other reasons, the individual making the record shall read it out in the presence of witnesses and other participants. The record must bear signatures of witnesses.

Article 134. Timing

1. Timing as per this Law is based on hours, days, months and years. Night commences at 22 o’clock and ends at 06 o’clock in the next morning.

A day-based time limit ends at 24 o’clock on the final day of such limit.

A month-based time limit ends on the repeated date in the following month or, if the starting date does not reappear, on the final date of the month. If the final date falls in a regulated day-off, the immediate succeeding work day shall be the final date of the time limit.

A time limit for temporary detainment or detention ends on the date as specified in the order or decision. A month in a month-based time limit has 30 days.

2. A time limit for a petition or document sent by post shall commence on the date shown in the postmark of the sender's postal service provider.  A time limit for a petition or document sent to a detention facility shall commence when the head of the detainment facility or the chief supervisor of the detainment cells in a border protection post or the warder of a temporary or permanent detention facility receives such petition or document.

Article 135. Procedural expenses

1. Procedural expenses are composed of Court fee, administrative fees and procedural expenditure.

2. Court fee includes fees for criminal and civil first-instance and appellate Courts hearing criminal cases.

3. Administrative fees include payables for copies of judgments, decisions and other documents from competent procedural authorities and other payables as per the laws.

4. Procedural expenditure comprises:

a) Payables for witness testifiers, interpreters, translators, defense counsels appointed;

b) Payables for expert examination and valuation;

c) Other payables as per the laws.

Article 136. Responsibilities for settling procedural expenditure and administrative fees

1. The expenditure as defined in Section 4, Article 135 of this Law is paid by authorities or individuals requisitioning activities or assigned to make payments. If a governmental legal aid center appoints a defense counsel, it shall cover relevant expense.

2. The person convicted or the government incurs the Court fee as per the laws. The person convicted must incur the Court fee according to the Court’s rulings. The amount of Court fee and calculation grounds shall be specified in the Court’s judgments and rulings.

3. The crime victim, if petitioning for the lawsuit, shall incur the Court fee upon the Court’s declaration of the defendant’s innocence or upon the suspension of the lawsuit as per the stipulations in Section 2, Article 155 of this Law.

4. The coverage of administrative fees and expenses for procedural activities requested by participants in legal proceedings abides by the laws.

Article 137. Issuance, transfer, delivery, posting or announcement of procedural documents

1. Procedural documents are issued, delivered, posted or announced in the following manners:

a) By hand;

b) By post;

c) At public places;

d) Through mass media.

2. The issuance, delivery, posting or announcement of procedural documents must abide by this laws.

Article 138. Procedures for issuing and delivering procedural documents by hand

1. The individuals issuing and delivering procedural documents shall directly pass such documents to the recipients. The recipients must sign a record or delivery journal. The time limit for legal procedure commences on the date of the recipient’s affixture of signature onto the record or delivery journal.

2. If the recipient is absent, procedural procedures may be given to his family members with adequate legal capacity and such persons must undertake to hand over documents to the recipient promptly. The date of the family member’s affixture of signature is the issue date or sending date of the procedural documents.

If procedural documents cannot be delivered to the recipient as stipulated in this Section, such documents may be handed to local authorities in the commune, ward or town where the recipient resides or his workplace or education facility and forwarded to the recipient. The authorities and organizations concerned must report to the competent procedural authorities making requests about the outcome of the issuance and delivery of procedural documents. The date of the family member’s affixture of signature is the issue date or sending date of the procedural documents.

3. If the recipient is absent or his address is unknown, the individuals issuing or delivering documents must execute a written record of their failure confirmed by the representative of authorities near the recipient’s dwelling, or his workplace or educational facility.

If the recipient disapproves delivery of procedural documents, the individuals issuing or delivering such documents must execute written records of the recipient's refusal, which shall be confirmed by  the representative of authorities near the recipient’s dwelling, or his workplace or educational facility.

4. If procedural documents are delivered to an organization, they shall be handed to the representative of such organization, who affixes his signature. The time limit for legal procedure commences on the date of the said representative's affixture of signature onto the record or delivery journal.

Article 139. Procedures for mailing procedural documents

Procedural documents sent by post must be delivered via registered mail with  the recipient's endorsement. The documents endorsed shall be forwarded to competent procedural authorities. The time limit for legal procedure commences on the date of the recipient’s endorsement of his receipt of procedural documents.

Article 140. Procedures for posting procedural documents publicly

1. Proclamation of procedural documents is done when the recipient’s address or location is unknown.

2. Procedural documents are publicly posted at the People’s committee at the commune, ward or town where the recipient’s last known dwelling is situated or his last known workplace or educational facility.

Procedural documents must be publicly posted in at least 15 days from the initial date of proclamation. Proclamation shall be executed in a written record that specifies the date of posting.

The time limit for legal procedure commences on the final date of proclamation.

Article 141. Procedures for announcing procedural documents through mass media

1. Procedural documents are announced through mass media when proclamation of such documents are ineffective or other circumstances occur as per the laws.

2. Documents announced through mass media shall be posted on 03 consecutive issues of a daily newspaper run by the state and broadcasted by a governmental radio or television station three times per day in 03 continuous days.

The time limit for legal procedure commences on the final date of announcement.

Article 142. Responsibilities for issuing, delivering, posting and announcing procedural documents

1. Competent procedural authorities and persons shall issue, deliver, post or announce procedural documents to participants in legal proceedings and concerned authorities and entities according to this Law.

2. If an individual does not fulfill or complete his assignments to issue deliver, post or announce procedural documents as per this Law, he shall incur disciplinary or administrative penalties according to the nature and severity of his violations as per the laws.