Phần thứ nhất Bộ luật Tố tụng hình sự 2015: Những quy định chung

PART ONE

GENERAL

Chapter I

SCOPE OF REGULATION, OBJECTIVES AND EFFECT OF THE CRIMINAL PROCEDURE CODE

Article 1. Scope of regulation

Criminal procedure code prescribes the procedures and formalities for lodging and processing of criminal information, filing of charges, investigation, prosecution, adjudication, and certain courses of action for the enforcement of criminal judgments. Furthermore, the Law regulates the missions, authority and liaisons of authorities and individuals given authority to institute proceedings (referred to as competent procedural authorities and persons), the rights and duties of entities engaging in proceedings, other authorities and entities, and international cooperation in criminal procedure.

Article 2. Objectives of the Criminal procedure code

Criminal procedure code is intended to expose and settle every criminal act in precise, just and timely manners, to preclude, protest and combat crime for omission of no infractions, to protect guiltless people from unjust conviction, to uphold justice, to defend human rights and citizenship rights, to conserve socialism, to secure the Government's benefits, to protect the legitimate rights and interests of organizations and individuals, to educate people to consciously conform to the laws.

Article 3. Effect of Criminal procedure code

1. Criminal procedure code governs every activity of criminal procedures in territories of the Socialist Republic of Vietnam.

2. International agreements, which the Socialist Republic of Vietnam has signed, or the principles of reciprocity shall govern the criminal procedure against aliens committing offences in territories of the Socialist Republic of Vietnam.

If diplomatic or consular immunity is conferred on an alien according to the laws of Vietnam, international treaties, which the Socialist Republic of Vietnam observes, or international practices, such international treaties or practices shall prevail. If relevant international treaties or practices do not exist, matters shall be resolved through diplomacy.  

Article 4. Terminology

1. In this Law, words and phrases below are construed as follows:

a) Authorities given authority to institute legal proceedings (referred to as competent procedural authorities) indicate presiding authorities and those assigned to carry out certain activities of investigation.

b) Individuals given authority to institute proceedings (referred to as authorized procedural persons) include presiding officers and those assigned to carry out certain activities of investigation.

c) Participants in legal proceedings refer to persons, authorities, and organizations participating in legal proceedings according to this Law.

d) Criminal information includes denouncement, provision of criminal information, entities' requisitions for charges, perpetrators' confessions, and criminal information directly gathered by competent procedural authorities.

dd) Accused persons include those arrest, detainees, suspects, defendants.

e) Kindred of persons engaging in or commission to institute proceedings is composed of individuals having relationships with persons participating or authorized to conduct proceedings. Such individuals include spouse, biological and adoptive parents, parents in law, biological and adopted children, paternal and maternal grandparents, biological siblings, maternal and paternal great grandparents, biological uncles and aunts, biological nephews and nieces.

g) Litigants include civil plaintiffs, civil defendants and persons incurring interests and duties from a criminal lawsuit.

h) Confession means that a perpetrator voluntarily gives statements on his offences to authorities prior to the happening of such offences or after the exposure of the perpetrator.

i) Surrender refers to a perpetrator, after exposed, voluntarily turning himself in and giving statements on his offences to competent authorities.

k) Coercive delivery refers to competent authorities’ compulsion of the attendance of persons who are held in emergency custody, apprehended or temporarily detained, or suspects and defendants at a place of investigation, prosecution or adjudication.

l) Forced escort refers to competent authorities’ coercive taking of witness testifiers, persons denounced or facing requisitions for charges to a place of investigation, prosecution or adjudication, or crime victims refusing to undergo expert examinations.

m) Full record of identity refers to the document summarizing a suspect’s profile, identity with photos of three postures and two thumbprints, made and retained by competent authorities.

n) Basic record of identity refers to the document summarizing a suspect’s profile with all fingerprints, made and retained by competent authorities.

o) Serious breach of legal proceedings means that authorities and persons given authority to institute proceedings have not executed or have implemented improperly and inadequately the formalities and procedures, as defined by this Law, have infringed severely the legitimate rights and benefits of entities engaging in proceedings, and have influenced the identification of equitable and comprehensive truths of a lawsuit.

2. In this Law, the following abbreviations apply to phrases below:

a) Police investigation authorities in districts, communes, provincial cities and centrally-affiliated cities’ metropolis are referred to as district investigation authorities.

b) Police investigation authorities in provinces and centrally-affiliated cities are referred to as provincial-level investigation authorities.

c) Military investigation authorities in military zones and equivalents are referred to as military investigation authorities of military zone.

d) People’s Procuracy in districts, communes, provincial cities and centrally-affiliated cities’ metropolis is referred to as district People’s Procuracy.

dd) People’s Procuracy in provinces and centrally-affiliated cities is referred to as provincial-level People’s Procuracy.

e) Military procuracy in military zones and equivalents are referred to as Military procuracy of military zone.

g) People’s Courts in districts, communes, provincial cities, centrally-affiliated cities’ metropolis are referred to as district People’s Courts.

h) People’s Courts in provinces and centrally-affiliated cities are referred to as provincial-level People’s Courts.

i) Military Courts in military zones and equivalents are referred to as military Courts of military zone.

Article 5. Responsibilities of governmental authorities and entities in precluding and combating crime

1. Governmental authorities, as per the range of their responsibilities, must adopt measures to forestall crime and cooperate with competent procedural authorities for the preventive fight against crime.

Governmental authorities must regularly inspect the performance of functions and assignments, detect and handle violations of laws in timely manner and make prompt reports to investigation authorities and Procuracy about every criminal act happening inside such authorities and sectors under their management. Moreover, state authorities must propound and adduce relevant documents to investigation authorities and Procuracy for the latters' inspection and filing of charges against perpetrators of criminal acts.

Heads of governmental authorities must be held liable for providing investigation authorities and Procuracy with false or no information on criminal acts committed inside their premises and sectors under their management.

2. Entities are entitled to and responsible for exposing, denouncing, reporting, and combating crime.

3. Competent procedural authorities are responsible for supporting governmental authorities and entities to fight against crime.

4. Governmental authorities and entities are responsible for fulfilling requests and supporting authorities and persons given authority to institute proceedings to accomplish their missions.

5. Inspectorate and governmental audit agencies are responsible for cooperating with competent procedural authorities in exposing and tackling crime. Upon detecting signs of criminal activities, governmental authorities must promptly propound relevant documents and items to investigation authorities and Procuracy for inspection and filing of criminal charges.

6. Every action of obstructing competent procedural authorities and persons’ completion of duties is inhibited.

Article 6. Exposure and correction of justifications and factors for crime

1. Competent procedural authorities, when taking criminal proceedings, are responsible for uncovering reasons and elements leading to crime and proposing concerned entities to enforce measures of correction and preclusion.

2. Concerned entities must fulfill such requests by competent procedural authorities. In 15 days upon receiving requests, concerned parties must respond in writing to such propositions by competent procedural authorities.

Chapter II

FUNDAMENTAL PRINCIPLES

Article 7. Upkeep of socialist law enforcement regarding criminal procedures

Every activity of criminal procedures must abide by this Law. The processing of criminal information, filing of charges, investigation, prosecution and adjudication shall abide only by the grounds, procedures and formalities as defined by this Law.

Article 8. Veneration and protection of human rights and individuals’ legitimate rights and interests.

Competent procedural authorities and persons, when instituting legal proceedings within their duties and authority, must respect and protect human rights and individuals’ legitimate rights and interests. Measures imposed, whose validity and requisite are regularly inspected, shall be removed or altered if violating laws or deemed unessential.

Article 9. Conservation of legal equality

Criminal procedure occurs on the principle under which all people are subject to the same laws of justice, regardless of race, gender, belief, religion, social class and status. Every person committing crime is treated under the law.

Every juridical person is equal before the law, regardless of its form of ownership and economic class.

Article 10. Sustainment of bodily integrity

Every person is entitled to inviolability of the physical body. No person is arrested without a Court’s warrant or Procuracy's decision or approval, except for acts in flagrante.

Emergency custody, arrest, temporary detainment or detention must abide by this Law. Torture, extortion of deposition, corporal punishment or any treatments violating a person’s body, life and health are inhibited.

Article 11. Protection of individuals’ life, health, honor, dignity and belongings and juridical persons’ reputation and property

Life, health, honor, dignity and belongings of every person are protected by the laws.

The laws penalize all unlawful violations of a person's life, health, honor, dignity and belongings and a juridical person’s fame, reputation and property.

Vietnamese citizens cannot be deported or handed to another government.

Article 12. Alimentation of inviolability of residence, privacy, personal secrecy, family secrets, safety and confidentiality of personal mail, telephone and telegraph

No person can illegally violates others’ residence, privacy, personal secrecy, family secrets, safety and confidentiality of mail, telephone, telegraph and other forms of personal communication.

Search of residence, search and seizure or temporary confiscation of mails, phones, telegraphs, electronic data and other forms of private communication must abide by this Law.

Article 13. Presumption of innocence

A accused person is deemed innocent until his guilt is evidenced according to the procedures and formalities as defined in this Law and a Court passes a valid conviction.

If grounds for conviction, as per the procedures and formalities in this Law, do not suffice, competent procedural authorities and persons shall adjudge the accused person to be not guilty.

Article 14. Double jeopardy

A person is not charged, investigated, prosecuted or tried on an act, for which a Court's effective conviction has been passed,  unless that person commits another act jeopardizing the society and deemed criminal by the Criminal Code.

Article 15. Determination of facts in a lawsuit

Competent procedural authorities are held liable for proving guilt.  A accused person is entitled to but is not obliged to prove his innocence.

Competent procedural authorities, within their duties and authority, must use legitimate measures to determine the facts of a lawsuit in unbiased, thorough and complete ways, to clarify the evidences of guilt and innocence, aggravation and mitigation of criminal liabilities of the accused person.

Article 16. Guarantee of right of defense for accused persons and protection of legal rights and benefits of defendants and litigants

A accused person is entitled to defend himself or be defended by a lawyer or another person.

Competent procedural authorities and persons are responsible for informing accused persons, defendants and litigants of all of their rights of defense, legitimate rights and benefits according to this Law. Moreover, competent procedural authorities and persons shall provide explanations and guarantee the implementation of all of such rights and benefits.

Article 17. Responsibilities of authorities and persons given authority to institute proceedings

Competent procedural authorities and persons, when instituting proceedings, must strictly conform to the laws and shall be held liable for their actions and decisions.

An individual violating legal regulations on emergency custody of people, arrest, imprisonment, custody, charge, investigation, prosecution, adjudication, sentence enforcement, by nature and level of such violations, shall be disciplined or face criminal charges according to the laws.

Article 18. Responsibilities for filing of charges and handling of criminal cases

Competent procedural authorities, when detecting signs of criminal activities, are responsible for filing charges and lawsuits within their duties and authority and for taking measures as defined by this Law to ascertain criminals and penalize persons and juridical persons found guilty.

Filing of charges and lawsuits shall only conform to the grounds, procedures and formalities as defined by this Law.

Article 19. Legal compliance in investigative activities

Investigation authorities and authorities assigned to perform certain activities of investigation must observe the laws when conducting investigation as per this Law.

Every activity of investigation must attend to truths and occur in unbiased, thorough and complete ways to swiftly and precisely uncover all guilty acts and indicate evidences of guilt and innocence, aggravation and mitigation of criminal liabilities, reasons, conditions for crime and other facts essential to handle the cases.

Article 20. Responsibilities for exercising the right of prosecution and overseeing legal compliance in criminal procedure

The procuracy exercises the right of prosecution and oversees legal compliance in criminal procedure, renders decisions on conviction, expose violations of laws to have all guilty acts, persons and juridical persons committing crime and violating laws exposed and penalized in timely and stringent manners. It must assure that charges, investigation, prosecution, adjudication and sentence enforcement apply to the exact entities precisely for what they commit according to the laws. It must assure that omission of crime and criminals or misjudgment does not occur.

Article 21. Assurance of impartiality of persons given authority to institute or engaging in legal proceedings

Persons given authority to institute proceedings, interpreters, translators, expert witnesses, valuators and witnesses are not permitted to engage in proceedings if they may not be impartial, for any reasons, to carry out duties.

Article 22. Trial participated by lay assessors

A trial participated by lay assessors occurs in a Court of first instance, unless summary procedures are implemented according to this Law.

Article 23. Independence of Judge and lay assessors and sole compliance to the laws

Judge and lay assessors adjudicate independently and comply solely with the laws. Authorities and entities are forbidden to interfere the adjudication by Judge and lay assessors.

Authorities and entities interfering the adjudication by Judge and lay assessors in any manners shall be disciplined, face administrative fines or criminal charges, by nature and level of their violations, according to the laws.

Article 24. Collective adjudication

A Court tries collectively and renders decisions under majority rule, except for summary procedures according to this Law.

Article 25. Timely, just and public trial

A Court holds trials in timely manner by the regulated deadline and upholds fairness.

A Court tries publicly and every person is entitled to attend the trial, unless otherwise stated in this Law. For special cases involved in state secrets, national traditions, protection of persons aged below 18 or personal privacy as per litigants’ rational requests, a Court may try in closed session but must pronounce its judgments publicly.

Article 26. Assurance of oral arguments in adjudication process

During the charges, investigation, prosecution, adjudication, investigators, prosecutors, persons authorized to institute proceedings, defendants, defense counsels and other persons participating in proceedings are equally entitled to present and evaluate evidences and make requests for clarification of objective truths of the lawsuit.

Documents and evidences from the case file, brought to The procuracy to the Court for trial, must be sufficient and legitimate. All relevant persons, as defined by this Law, must attend a criminal Court. Absence must be because of force majeure or objective obstacles or other situations according to this Law. The Court is responsible for supporting prosecutors, defendants, defense counsels and other participants in legal proceedings to exercise all of their rights and duties and provoke oral arguments in democratic and equal manners before the Court.

All evidences of guilt and innocence, aggravation and mitigation of criminal liabilities, citation of Points, Sections or Articles in the Criminal Code for determination of defendants’ crimes, sentences, compensations, and handling of proofs and other facts essential to the lawsuit must done, argued and specified in court.

The Court’s judgments and rulings must be subject to the inspection and assessment of evidences and oral arguments in court.

Article 27. Affirmation of first-instance and appellate procedure

1. Trial by first-instance and appellate Courts is affirmed.

A first-instance Court’s judgments or rulings may be appealed according to this Law. A first-instance Court's judgments or rulings, if not appealed by the deadline as defined in this Law, shall come into effect.

A first-instance Court's judgments, if appealed, shall be reheard by an appellate Court. The appellate Court’s judgments or rulings shall come into force.

2. A Court’s effective judgments or rulings, if such is found to make a serious error of law or new facts emerge as per this Law, shall be reviewed through the procedures of cassation or reopening, respectively.

Article 28. Warranty of the effect of Court’s judgments and rulings

1. Authorities and entities must observed a Court's judgments or rulings, after given legal effect.  Concerned authorities’ and entities’ compliance must be exercised in grave manner.

2. Authorities and entities, under their missions, authority and duties, are responsible for cooperating, supporting and fulfilling requests from authorities and entities liable for enforcing a Court's judgments and rulings.

Article 29. Spoken and written language for criminal procedure

Vietnamese is the spoken and written language for criminal procedure. Participants in proceedings are permitted to speak and write in their native languages, in the mandatory presence of a translator.

Article 30. Civil matters in criminal cases

Civil matters in criminal cases are resolved during the settlement of criminal cases. If a criminal lawsuit deals with damage claims backed by insufficient evidences and causing little effect on the settlement of such case, civil matters may be separated and settled through civil procedure.

Article 31. Guarantee of compensations for crime victims in criminal cases

1. Persons held in emergency custody, arrested, temporarily detained or held in detention, charged, investigated, prosecuted, tried and sentenced incorrectly or illegally shall be compensated for physical and spiritual damage and restoration of dignity.

The government is held liable for compensating persons, held in emergency custody, arrested, temporarily detained or held in detention, charged, investigated, prosecuted, tried and sentenced incorrectly or illegally by competent procedural authorities and persons, damage and recovery of dignity and interests.

2. Other persons suffering from damage caused by competent procedural authorities and persons are entitled to the Government’s compensations.

Article 32. Guarantee of rights of complaint and denouncement in criminal procedure

Individuals are permitted to file complaints or denouncement, while organizations are allowed to file complaints, against violations of legal regulations on criminal procedure by competent procedural authorities and persons or personnel of such entities.

Competent authorities and persons must receive, hear and settle complaints and denouncements in timely and lawful manners. Results of their hearings and solutions shall be given in writing to persons and organizations filing accusations or complaints.

Procedures, formalities and authority for the settlement of complaints and accusations are governed by this Law.

It is inhibited to take vengeance on persons filing complaints or accusations or to abuse rights of complaint and denouncement to vilify others.

Article 33. Inspection and supervision of criminal procedure

1. Competent procedural authorities and persons must regularly inspect the activities of criminal procedure within their powers and manage units receiving, handling criminal information, pressing charges, conducting investigations, prosecuting, adjudicating and enforcing sentences.

2. Governmental authorities, Committee of Vietnam Fatherland Front and its members units, and elective representatives of people are sanctioned to supervise competent procedural authorities and persons’ activities and settlement of complaints and denouncement.

If competent procedural authorities and persons are found to violate laws, governmental authorities and elective people’s representatives can propose and the Committee of Vietnam Fatherland Front can propose competent procedural authorities to consider and resolve such matters according to this Law. Competent procedural authorities must analyze, handle and respond to the said propositions and request as per the laws.

Chapter III

AUTHORITIES AND PERSONS AUTHORIZED TO INSTITUTE PROCEEDINGS

Article 34. Presiding authorities and presiding officers

1. Presiding authorities are:

a) Investigation authorities;

b) Procuracy;

c) Courts.

2. Presiding officers are:

a) Heads and vice heads of investigation authorities and investigators and investigation officers;

b) Heads and vice heads of The procuracy, procurators and checkers;

c) Court presidents, Vice court presidents, judges, lay assessors, Court clerks, verifiers.  

Article 35. Authorities and persons assigned to perform certain activities of investigation

1. The authorities assigned to perform certain activities of investigation are:

a) Border protection force’s units;

b) Customs authorities;

c) Forest ranger’s units;

d) Maritime police force’s units;

dd) Fisheries resources surveillances units;

e) People’s police force’s units assigned to perform certain activities of investigation (referred to as units assigned to investigate);

g) Other units in the People’s Army, as assigned to perform certain activities of investigation.

Authorities assigned to perform certain activities of investigation in this Section are stipulated in the Law on the organization of criminal investigation authorities.

2. The persons assigned to perform certain activities of investigation are:

a) Personnel of the Border protection force, as assigned to performed certain activities of investigation, include heads and vice heads of Border reconnaissance department, Drug and crime department; heads and vice heads of Special service against drug and crime; captains and vice captains of Border protection units in provinces and centrally-affiliated cities; commanding officers and deputies in Border protection posts; commanders and deputies of Border protection units at border gates;

b) Personnel of Customs authorities, as assigned to perform certain activities of investigation, are heads and vice heads of Anti-smuggling and investigation department; heads and vice heads of Post clearance audit department; heads and vice heads of provincial and inter-provincial Departments of customs and those in centrally-affiliated cities; heads and ice heads of Customs departments at border gates;

c) Personnel of Forest ranger, as assigned to perform certain activities of investigation, include heads and vice heads of Forest protection department, heads and vice heads of Forest ranger departments; heads and vice heads of Forest ranger stations;

d) Personnel of Maritime police force, as assigned to perform certain activities of investigation, include commanders, vice commanders, zone commanders and vice zone commanders of Maritime police force; heads and vice heads of Specialized and legal department; heads and vice heads of Special service of drug enforcement; heads and vice heads of Naval battalions, Naval flotilla; captains and deputies of Maritime police force’s special task units;

dd) Personnel of Fisheries resources surveillances, as assigned to perform activities of investigation, include heads and vice heads of Bureau of fisheries resources surveillances, heads and vice heads of zonal Bureaus of fisheries resources surveillances;

e) Personnel of other units of People's Police force, as assigned to perform certain activities of investigation, include directors and vice directors of Fire Police; heads, vice heads, managers and vice managers of People's Police force’s units assigned to investigate; warders and vice warders of prisons according to the Law on the organization of criminal investigation authorities;

g) Personnel of other units of People’s Army, as assigned to perform certain activities of investigation include warders and vice warders of prisons; heads of independent regiment units and similar ones.

h) Investigation officers in the authorities and units as defined in Section 1 of this Article.

Article 36. Duties, authority and responsibilities of Heads and vice heads of Investigation authorities

1. Heads of investigation authorities bear the following duties and power:

a) Organize and direct the processing of criminal information, charges and investigation by investigation authorities;

b) Make decisions on the appointment or replacement of vice heads of investigation authorities and units handling criminal information, inspect criminal charges and investigation done by vice heads, make decisions on amendments or abolishment of unfounded and illegal decisions made by vice heads.

c) Make decisions on the appointment or replacement of investigators and investigation officers, inspect the processing of criminal information, criminal charges and investigation done by investigators or investigation officers, and make decisions on amendments or invalidation of unsubstantiated and unlawful decisions made by investigators.

d) Handle complaints and accusations within the powers of investigation authorities.

The head of the investigation authority, upon his absence, delegates a vice head to carry out the head’s missions and power. Vice heads are held liable before the Head for the assignments.

2. Heads of investigation authorities, when instituting criminal proceedings, bear the following duties and power:

a) Make decisions on suspending the processing of denunciations, criminal information disclosed and requisitions for charges (referred to as denunciations, information and requisitions); decisions on pressing or not filing charges, amendments or alterations of decisions on filing lawsuits or charges against suspects; decisions on combining or dividing lawsuits; decisions on mandating investigations;

b) Make decisions on implementing, changing or terminating preventive measures, coercive actions, and means for special investigation and proceedings according to this Law;  

c) Make decisions on issuing and annulling warrants on arrest, search, seizure, impoundment and handling of evidences;    

d) Make decisions on requests, addition or repetition of expert examinations, burial excavation, experimental investigation, change or request for replacement of expert witnesses. Request valuation, revaluation of property and change of valuators.

dd) Directly inspect and verify criminal information and carry out investigation measures;

e) Draw conclusions on investigations;

g) Make decisions on suspending or terminating or resuming investigations into cases or against suspects;

h) Make orders and decisions and perform other activities of legal proceedings within the powers of investigation authorities.

3. Vice heads of investigation authorities, when mandated to file charges or investigate criminal cases, bear the duties and power as stated in Section 1 and Section 2 of this Article, save Point b, Section 1 of this Article. Vice heads of investigation authorities cannot handle complaints or accusations against their actions and decisions.

4. Heads and vice heads of investigation authorities shall be held liable for their actions and decisions. Heads and vice heads of investigation authorities cannot mandate investigators to carry out their duties and power.

Article 37. Duties, authority and responsibilities of investigators

1. Investigators, as assigned to file charges and investigate criminal cases, have the following duties and authority:

a) Directly inspect, verify and document criminal information;

b) Document criminal cases;

c) Request or recommend the designation and replacement of defense counsels, interpreters and translators;

d) Summon and interrogate suspects; convene denouncers, informants, persons denounced or facing position of charges, legal representatives of juridical persons to obtain their statements; take statements from persons held in emergency custody, arrested, temporarily detained; convoke witness testifiers, crime victims and plaintiffs for their statements;

dd) Make decisions on delivering by force persons held in emergency custody, arrested, temporarily detained, suspects; escorting by force witness testifiers, persons denounced or charged, crime victims; make decisions on transferring persons under 18 to entities responsible for supervision; decide changes of supervisors of perpetrators under 18;

e) Enforce emergency custody orders, decisions or orders of arrest, temporary detainment or detention, search, seizure, withholding, distrainment of property, freezing of accounts, handling of evidences;

g) Search crime scenes, unearth and dissect corpses, examine traces on bodies, confront persons involved, facilitate identifications, conduct experimental investigations;

h) Perform other duties and authority of legal proceedings within the powers of investigation authorities as per assignments by the head according to this Law.

2. Investigators shall be held liable under the laws and before the head and vice heads of the investigation authority for their actions and decisions.

Article 38. Duties, authority and responsibilities of Investigation officers of investigation authorities

1. Investigation officers, as per assignments given by Investigators, perform the following duties and authority:

a) Record statements and interrogation in writing and make other written records upon investigators’ inspection and verification of criminal information and criminal investigation;

b) Deliver and convey orders, decisions and other documents on proceedings as per this Law;

c) Support investigators to prepare documents on criminal information, case files and perform other activities of legal proceedings.

2. Investigation officers are held liable under the laws and before the head, vice heads, investigators for their actions.

Article 39. Duties, authority and responsibilities of chiefs, deputies, investigation officers, in Border protection force, Customs, Forest ranger, Maritime police force and Fisheries Surveillance, on assignments of certain activities of investigation.

1. Chiefs of units assigned to investigate as per Points a, b, c, and dd, Section 2, Article 35 of this Law bear the following duties and authority:

a) Direct the processing of intra vires criminal information, charges and criminal investigation;

b) Decide the appointment or replacement of deputies and investigation officers for the handling of criminal information, charges and investigation;

c) Inspect deputies’ and investigation officers’ processing of criminal information, charges and investigation;

d) Decide changes and abrogation of unproven and illicit decisions made by deputies and investigation officers;

dd) Make decisions on handing over persons under 18, who face accusations, to their representative for supervision.

The chief, upon his absence, mandates a deputy to perform his duties and authority. The deputy is held liable before the chief for the duties assigned. Chiefs and deputies are not permitted to mandate investigation officers to perform their duties and authority.

2. When conducting criminal proceedings against perpetrators of misdemeanors in flagrante and having clear evidences and culprits' profile, the persons as defined in Points a, b, c, d and dd, Section 2, Article 35 of this Law bear the following duties and authority:

a) Collect evidences, documents and items from concerned individuals to check and verify criminal information;

b) Decide to suspend the processing of denunciations, criminal information disclosed; requisitions for charges, decisions on filing or not pressing charges, amendments to decisions on filing lawsuits; decisions on pressing charges or amendments to decisions of filing charges against suspects;

c) Directly organize and command the examinations of the scenes;

d) Make decisions on requisitioning expert examinations, valuation or on search, seizure, impoundment and maintenance of evidences and materials directly related to the lawsuits;

dd) Summon and interrogate suspects; convene crime victims and litigants for statements; convoke denouncers, informants, persons denounced or facing requisitions for charges for extraction of statements; call in witness testifiers for statements; take statements from persons held in emergency custody;

e) Decide to implement preventive and coercive measures as per this Law;

g) Conclude investigations, propose charges or conclusions from investigations and decide to terminate or suspend or resume investigations.

3. When instituting criminal proceedings against perpetrators of ordinary, drastic and exorbitant felonies or complicated misdemeanors, the persons as defined in Points a, b, c, d and dd, Section 2, Article 35 of this Law bear the following duties and authority:

a) Collect evidences, documents and items from concerned people to inspect and verify criminal information;

b) Decide to suspend the processing of accusations and criminal information disclosed, propose charges, decide to file or not press charges, alter decisions on filing charges;

c) Decide to search, seize, temporarily withhold and maintain evidences and documents directly related to the lawsuits;

d) Convene witness testifiers, crime victims and litigants for statements.

4. Investigation officers have the following duties and authority:

a) Document criminal information, extract statements from concerned persons to inspect and verify criminal information;

b) Prepare criminal case files;

c) Interrogate suspects; obtain statements from denouncers, informants, persons denounced or facing requisitions for charges, persons held in emergency custody, arrested or temporarily detained, witness testifiers, crime victims, litigants;

d) Investigate the scenes, enforce warrants of search, seizure, impoundment and maintenance of evidences and documents directly related to the cases.

5. Chiefs, deputies and investigation officers of border protection force, customs, forest ranger, maritime police force, fisheries resources surveillances, when assigned to carry out certain activities of investigation within their responsibilities, shall be held liable for their actions and decisions. Chiefs and deputies are not permitted to mandate investigation officers to perform their duties and authority.

Article 40. Duties, authority and responsibilities of chiefs, deputies and investigation officers of other units in People’s Police Force and People’s Army on assignments of certain activities of investigation

1. Chiefs of units assigned to investigate as per Point e and Point g, Section 2, Article 35 of this Law bear the following duties and authority:

a) Direct intra vires activities of charge filing and criminal investigation;

b) Decide to appoint or replace deputies and investigation officers for filing of charges and criminal investigation;

c) Inspect deputies' and investigation officers' processing of criminal information, pressing of charges and criminal investigation;

d) Decide to redress or annul baseless and illegitimate decisions made by deputies and investigation officers.

A deputy, upon the absence of the chief, shall be mandated to perform the chief’s duties and authority and assume liabilities before the chief for the duties mandated.

2. When instituting criminal proceedings, the persons as defined in Point e and Point g, Section 2, Article 35 of this Law bear the following duties and authority:

a) Collect evidences, documents and items from concerned persons to check and attest criminal information;

b) Decide to suspend the processing of criminal information; decide to press or not to file charges, amend decisions on charge filing;

c) Direct and command the examination of crime scenes;

d) Decide to search, seize, temporarily withhold and maintain evidences and documents related directly to the cases;

dd) Summon denouncers, informants, persons denounced or facing requisitions for charges, witness testifiers, crime victims and litigants for statements.

3. Investigation officers have the following duties and authority:

a) Document criminal information, acquire statements from relevant persons to inspect and verify criminal information;

b) Prepare criminal case files;

c) Gather statements from denouncers, informants, persons denounced or facing requisitions for charges, witness testifiers, defendants and litigants;

d) Investigate crime scenes, enforce orders of search, seizure, impoundment and maintenance of evidences and documents related directly to the lawsuits;

dd) Convey and send orders, decisions and other documents on legal proceedings as per this Law.

4. Chiefs, deputies and investigation officers of units of people's police force and People’s Army, when assigned to perform certain activities of investigation within their responsibilities, must assume liabilities for their actions and decisions. Chiefs and deputies are not permitted to mandate investigation officers to perform their duties and authority.

Article 41. Duties, authority and responsibilities of Heads and Vice heads of The procuracy

1. Heads of The procuracy bear the following duties and authority:

a) Directly organize and command the activities of exercising rights of prosecution and manage legal compliance of criminal procedure;

b) Decide to appoint or replace vice heads of The procuracy, inspect vice heads’ activities of exercising rights of prosecution and manage legal compliance of criminal procedure, decide to redress or annul groundless and lawless decisions made by vice heads;

c) Decide to appoint or replace procurators and checkers, inspect and manage procurators’ and checkers’ activities of exercising rights of prosecution and legal compliance in criminal proceedings, decide to redress or vacate unfounded and illegal decisions made by procurators;

d) Decide to remove, terminate or annul unproven and illicit decisions made by an inferior Procuracy;

dd) Handle complaints and accusations within the powers of The procuracy.

The head of The procuracy, upon his absence, mandates a vice head to perform his duties and authority and assume liabilities before the head for the duties mandated.

2. When exercising rights of prosecution and managing legal compliance in criminal proceedings, the head of The procuracy bears the following duties and authority:

a) Request investigation authorities and units assigned to investigate (referred to as investigation authorities and units assigned) to process criminal information, press charges or amend decisions on filing criminal lawsuits or charges against suspects; decide to press or not to file charges, redress decisions on filing criminal lawsuits or charges against defendants as per this Law;

b) Decide to suspend the handling of criminal information; decide to file or not to press charges, amend decisions on filing lawsuits; decide to press charges against suspects and amend such decisions; decide to join or separate cases;

c) Decide to enforce, alter or terminate preventive and coercive measures, and special investigation methods and proceedings; decide to extend the inspection and verification of criminal information, detention, investigation, temporary imprisonment, prosecution;

d) Decide to search, seize, temporarily withhold, and handle evidences;

dd) Decide the request, addition or repetition of expert examination, experimental investigation; change or demand to replace expert witnesses. Request valuation, re-valuation, and demand to change valuators;

e) Request heads of investigation authorities, chiefs of units assigned to investigate to change investigators and investigation officers;

g) Approve or disapprove decisions and orders made by investigation authorities and units assigned to investigate;

h) Decide to abrogate unproven and unlawful decisions and orders made by investigation authorities and units assigned to carry out certain activities of investigation;

i) Settle disputes over the authority to handle criminal information, file charges, conduct investigation; and decide to transfer cases;

k) Decide to enforce or terminate obligatory medical treatment measures;

l) Decide to implement summary procedures; or terminate such decisions;

m) Decide to press charges against suspects and return documents to further or reset investigations;

n) Request the restoration of investigation works, decide to adjourn or dismiss charges or lawsuits against suspects; decide to annul the decision to suspend the processing of criminal information; decide to resume investigations of cases or defendants and to retake cases and lawsuits against suspects;

o) Make appeals through appellate Courts, reopening and cassation procedures against a Court’s judgments and rulings as per this Law;

p) Exercise the right to express proposition as per the laws;

q) Issue decisions and orders, and carry out other activities of prosecution within the powers of The procuracy.

3. Vice heads of The procuracy, when assigned to exercise rights of prosecution and manage legal compliance in criminal proceedings, bear the following rights and duties as per Section 1 and Section 2 of this Article, except for Point b, Section 1 of this Article. Vice heads of The procuracy is not permitted to handle complaints and accusations against their own actions and decisions.

4. The head and vice heads of The procuracy shall be held liable for their actions and decisions. The head and vice heads of The procuracy cannot mandate procurators to perform their duties and authority.

Article 42. Duties, authority and responsibilities of Procurators

1. Procurators, when assigned to exercise rights of prosecution and manage legal compliance in criminal proceedings, have the following duties and authority:

a) Administer competent entities' handling of criminal information;

b) Directly manage and prepare documents on criminal information;

c) Administer the processing of criminal information and charges, implement preventive and coercive measures; administer the competent investigation entities’ documentation of criminal information and lawsuits; manage activities of prosecution and investigation done by investigation authorities and units assigned to investigate;

d) Directly administer scene investigation, autopsy, confrontation, identification, voice recognition, experimental investigation and search;

dd) Administer the temporary suspension and resumption of the processing of criminal information; suspension, adjournment, resumption and closure of investigations;

e) Propose requirements for investigation and request investigation authorities to issue or terminate wanted notices against suspects;

g) Summon and interrogate suspects, convene denouncers, informants, persons denounced or facing requisitions for charges, juridical persons’ legal representatives, witness testifiers, litigants for statements; extract statements from persons held in emergency custody;

h) Make decisions on the coercive delivery of arrestees, suspects; and on the forced escort of witness testifiers, persons denounced or facing requisitions for charges, crime victims; on the entrustment of persons under 18 to authorities and entities in charge of supervision; on the replacement of supervisors of perpetrators under 18;

i) Directly perform certain activities of investigation as per this Law;

k) Request the replacement of persons authorized to institute legal proceedings; request and propose the appointment or replacement of defense counsels; request the appointment and replacement of translators and interpreters;

l) Institute legal proceedings in court; announce charges or decisions on prosecution through summary procedures, and other decisions by The procuracy on pressing charges against suspects; conduct interrogation, present evidences, documents, items, impeachment, arguments and viewpoints regarding the settlement of the cases   and conference sessions;

m) Administer legal compliance of the Court's adjudication and participants in legal proceedings; supervise the Court's judgments, rulings and other documents of legal procedure;

n) Supervise the enforcement of the Court’s judgments and rulings;

o) Exercise rights to express requests and proposition as per the laws;

p) Perform other duties and authority of prosecution within the powers of The procuracy as per the assignments by the head of The procuracy as per this Law.

2. Procurators shall be held liable under the laws and before the head and vice heads of The procuracy for their decisions and actions.

Article 43. Duties, authority and responsibilities of Checkers

1. Checkers perform the duties and exercise power below as per the assignments from the procurators:

a) Make written records of statements and interrogation and other records of criminal proceedings;

b) Deliver and convey orders, decisions and other documents of legal procedure as per this Law;

c) Support procurators to prepare documents on administration and processing of criminal information, and to perform other activities of legal procedure.

2. Checkers shall be held liable under the laws and before the head, vice heads and checkers of The procuracy for their actions.

Article 44. Duties, authority and responsibilities of Court president and Vice court president

1. The court president bears the following duties and authority:

a) Directly organize the adjudication of criminal cases; make decisions on the settlement of disputes over the jurisdiction;

b) Decide to assign Vice court presidents, judges, lay assessors to hear criminal cases; to assign Court clerks to institute legal proceedings on criminal cases; to assign verifiers to verify criminal case files;

c) Decide to replace judges, lay assessors and Court clerks prior to the start of a trial;

d) Decide the enforcement of criminal sentences;

dd) Decide to postpone jail sentences;

e) Decide to suspend prison sentences;

g) Decide to expunge criminal records;

h) Handle complaints and accusations within the powers of the Court.

The court president, upon his absence, must mandate a vice presiding judge to carry out the judge's duties and power. Vice court president shall be held liable before The court president on the duties mandated.

2. When hearing criminal cases, The court president bears the following duties and authority:

a) Decide to enforce, alter or terminate measures for handling of evidences and detention;

b) Decide to implement or terminate civil commitment;

c) Decide to enable and deactivate summary procedures;

d) Propose and make appeal for cassation procedures against the Court‘s judgments and rulings in effect;

dd) Decide and perform other activities of legal proceedings within the Court’s powers;

e) Engage in other activities of legal proceedings as per this Law.

3. Vice court presidents, when assigned to hear criminal cases, bear the duties and authority as defined in Section 1 and Section 2 of this Article, save Point b, Section 1 of this Article. Vice court presidents are not permitted to settle complaints or accusations against their actions and decisions.

4. The court president and Vice court presidents are held liable under the laws for their actions and decisions. The court president and Vice court presidents are not permitted to mandate judges to carry out their duties and powers.

Article 45. Duties, authority and responsibilities of Judge

1. A judge, when assigned to hear criminal cases, bears the following duties and authority:

a) Examine case files prior to the start of a trial;

b) Hear cases;

c) Engage in other activities of legal procedure and vote on matters within the powers of the Trial panel;

d) Transact other activities of legal procedure within the Court’s powers as per The court president’s assignments.

2. The presiding judge has the duties and powers as stipulated in Section 1 of this Article and below:

a) Decide to implement, alter and abort preventive and coercive measures, save those for detention;

b) Decide to return case files for further investigation;

c) Decide to have cases heard; to dismiss or adjourn lawsuits;

d) Manage the hearing of cases, oral arguments in court;

dd) Decide to have expert examinations started newly or afresh or extended, to perform experimental investigations; to change or have expert witnesses replaced; to order valuation or have valuators changed;

e) Order or requisition the appointment or change of defense counsels; change of supervisors for perpetrators under 18; request the appointment and replacement of translators and interpreters;

g) Decide to summon witness testifiers to the Court;

h) Engage in other duties and powers of legal procedure within the Court’s powers as per The court president’s assignments according to this Law.

3. Judges shall be held liable under the laws for their actions and decisions.

Article 46. Duties, authority and responsibilities of lay assessors

1. The lay assessors on assignments to hear criminal cases bears the following duties and authority:

a) Examine case files prior to the start of a trial;

b) Hear cases;

c) Engage in activities of legal procedure and vote on the Trial panel’s intra vires matters.

2. The lay assessors shall be held liable under the laws for their actions and decisions.

Article 47. Duties, authority and responsibilities of Court clerk

1. Court clerks on assignments to handle criminal proceedings have the following duties and authority:

a) Verify the presence of persons receiving the Court’s subpoena; and specify excuses of those absent;

b) Announce the Court’s rules;

c) Report to the Trial panel about the list of persons convened and absent;

d) Record the Court’s proceedings in writing;

dd) Perform other activities of legal proceedings within the Court’s powers as per the assignments by The court president.

2. Court clerks are held liable under the laws and before the judge for their actions.

Article 48. Duties, authority and responsibilities of Verifier

1. Verifies on assignment to engage in criminal proceedings have the following duties and authority:

a) Examine files of lawsuits on which a Court has passed sentences in binding force, as per the assignments by The court president or Vice court presidents;

b) Conclude activities of verification and report to the tribunal president or Vice court presidents;

c) Verifiers facilitate The court president’s enforcement of sentences within the Court's powers and other assignments from The court president or Vice court presidents.

2. Verifiers shall be held liable under the laws and before The court president and Vice court presidents for their actions.

Article 49. Disapproval or replacement of persons given authority to institute legal proceedings

Persons given authority to institute legal procedure must refuse to engage in proceedings or submit to replacement in the following events:  

1. They are crime victims, litigants, or delegates, relatives of crime victims, litigants, suspects or defendants;

2. They have acted as defense counsels, witness testifiers, verifiers, valuators, interpreters or translators in the lawsuits;

3. Clear grounds of their potential bias at work are found.

Article 50. Individuals having the right to propose change of persons given authority to institute legal proceedings

1. Procurators.

2. Detainees, suspects, defendants, crime victims, civil plaintiffs, civil defendants and their representatives.

3. Defense counsels and protectors of legitimate rights and benefits for crime victims, civil plaintiffs and defendants.

Article 51. Replacement of investigators and investigation officers

1. Investigators and investigation officers must decline to engage in legal proceedings or submit to replacement in the following events:

a) As per stipulations in Article 49 of this Law;

b) They have engaged in legal proceedings of the lawsuit as procurators, checkers, judges, lay assessors, verifiers or Court clerks.

2. The head or vice heads of the investigation authority shall decide the replacement of investigators and investigation officers.

If the replaced investigator is the head of the investigation authority according to Section 1 of this Article, the superior investigation authority shall directly investigate the case.

Article 52. Replacement of Procurators and Checkers

1. Procurators and checkers must reject their engagement in legal proceedings or submit to replacement in the following events:

a) As per Article 49 of this Law;

b) They have engaged in legal proceedings in the lawsuit as investigators, investigation officers, judges, lay assessors, verifiers or Court clerks.

2. The head or vice heads of The procuracy assigned to settle lawsuits shall decide the replacement of procurators at equal level of hierarchy prior to the start of a trial.

If the replaced procurator is the head of The procuracy, the head of the superior Procuracy shall give direct decisions on relevant matters.

If a procurator must be changed during the Court's proceedings, the Trial panel shall adjourn the trial.

Article 53. Replacement of Judge and lay assessors

1. Judges and lay assessors must repudiate their hearing of trials or submit to replacement in the following events:

a) As per Article 49 of this Law;

b) They appear in the same trial panel and biologically related to each other;

c) They have heard cases in first-instance or appellate Courts or engaged in legal proceedings in such Courts as investigators, investigation officers, procurators, checkers, verifiers or Court clerks.

2. The court president or Vice court presidents assigned to settle the lawsuit shall decide the replacement of judges and lay assessors prior to the start of the trial.

If the replaced judge is The court president, the president of the immediate superior Court shall decide relevant matters.

The Trial panel decides the replacement of the judge or lay assessors by voting in the lay assessors’ room prior to the stage of interrogation. The lay assessors consider opinions of the lay assessors to be replaced and make decisions under majority rule.

If the judge or lay assessors are changed during the Court's proceedings, the Trial panel shall adjourn the trial.

Article 54. Replacement of Court clerks

1. Court clerks must demur to engage in legal proceedings or submit to replacement in the following events:

a) As per Article 49 of this Law;

b) They have engaged in legal proceedings of the lawsuit as procurators, checkers, investigators, investigation officers, judges, lay assessors, verifiers or Court clerks.

2. The tribunal president or Vice court presidents assigned to settle lawsuits shall decide to replace Court clerks prior to the start of the trial.

The Trial panel decides the replacement of Court clerks during the Court's proceedings.

If Court clerks in court must be changed, the Trial panel shall suspend the trial.

Chapter IV

PARTICIPANTS IN LEGAL PROCEEDINGS

Article 55. Participants in legal proceedings

1. Denouncers, informants and individuals proposing charges.

2. Persons denunciated or facing requisitions for charges.

3. Persons held in emergency custody.

4. Arrestees.

5. Temporary detainees.

6. Suspects.

7. Defendants.

8. Crime victims.

9. Civil plaintiffs.

10. Civil defendants.

11. Individuals bearing duties and interests from the lawsuits.

12. Witness testifiers.

13. Witnesses.

14. Expert witnesses.

15. Valuators.

16. Interpreters and translators.

17. Defense counsels.

18. Protectors of legitimate rights and benefits of crime victims and litigants.

19. Protectors of lawful rights and benefits of persons denunciated or facing requisitions for charges.

20. Legal representatives of juridical persons committing crime and other delegates as per this Law.

Article 56. Denouncers, informants and individuals proposing charges

1. Denouncers, informants and entities reporting crime or proposing charges are entitled to:

a) Request competent authorities to maintain confidentiality of denunciation, crime reports, propose charges, to protect their life, health, honor, dignity, prestige, property, legitimate rights and benefits and kindred from existing menaces;

b) Be informed of the final settlement of denunciations, information and requisitions;

c) Complain about competent procedural authorities and persons’ decisions and legal procedure of receiving and handling accusations, criminal information and requisitions for charges.

2. Entities as defined in Section 1 of this Article must present themselves at the requests for authorities empowered to handle criminal information, and must present facts to their knowledge in honesty.

Article 57. Persons denunciated or facing requisitions for charges

1. Persons denunciated or facing requisitions for charges are entitled to:

a) Be informed of their acts denounced or against which charges are proposed;

b) Be informed and explained about their rights and duties according to this Article;

c) Give statements and opinions;

d) Present evidences, documents, items and requests;

dd) Confer on relevant evidences, documents and items and ask authorized procedural persons to inspect and evaluate such;

e) Defend or have their legitimate rights and benefits defended;

g) Be informed of the final settlement of accusations and requisitions for charges;

h) Complain about competent procedural authorities and persons’ decisions and legal procedure.

2. Persons denounced or facing requisitions for charges must appear at the requests for authorities empowered to handle accusations and requisitions for charges.

Article 58. Persons held in emergency custody and arrestees

1. Persons held in emergency custody or arrested for criminal acts in flagrante and wanted notices are entitled to:

a) Hear and obtain the warrants of emergency custody, emergency arrest, written approvals of emergency custody and wanted notices;

b) Be informed of reasons of their temporary detainment and arrest;

c) Be informed and explained about their rights and duties as per this Law;

d) Give statements and opinions, and have no obligation to testify against themselves or admit to guilt;

dd) Present evidences, documents, items and requests;

e) Confer on relevant evidences, documents and items and request authorized procedural persons to inspect and evaluate such;

g) Defend themselves or be defended;

h) Complain about competent procedural authorities and persons’ decisions and legal procedure on detainment and arrest.

2. Persons held in emergency custody and arrestees bear the duty to conform to detainment orders and arrest warrants and requests by entities authorized to detain and arrest people according to this Law.

Article 59. Temporary detainees

1. Temporary detainees are held in emergency captivity or arrested for criminal acts in flagrante or wanted notices or those confessing or surrendering and facing existing orders of temporary detainment.

2. Temporary detainees are entitled to:

a) Be informed of reasons, obtain decisions and written extension of temporary detainment, written approvals of temporary detainment and other decisions of legal procedure according to this Law;

b) Be informed and explained about their duties and rights as per this Article;

c) Give statements and opinions, and have no obligation to testify against themselves or admit to guilt;

d) Defend themselves or be defended;

dd) Present evidences, documents, items and request;

e) Confer on relevant evidences, documents and items and request authorized procedural persons to verify and assess such;

g) File complaints about competent procedural authorities and persons’ decisions and legal procedure on temporary detainment.

3. Temporary detainees are liable for conforming to this Law and the Law on temporary detainment and detention.

Article 60. Suspects

1. Suspects are physical persons or juridical persons facing criminal charges. The rights and duties of juridical persons as suspects are executed by their legal representatives according to this Law.

2. Suspects are entitled to:

a) Be informed of reasons for charges against them;

b) Be informed or explained about their rights and duties as per this Article;

c) Acquire decisions on charges against suspects and amendments to such decisions; written approvals of such decisions or amendments; decisions on enforcement, change or termination of preventive and coercive measures; final reports of investigation; decisions on suspension and suspension of investigations; decisions of suspension and suspension of lawsuits; charges, decisions on prosecution and other decisions on legal proceedings according to this Law;

d) Give statements and opinions and bear no obligation to testify against themselves or admit to guilt;

dd) Present evidences, documents, items and requests;

e) Confer on relevant evidences, documents and items and request authorized procedural persons to check and evaluate such;

g) Requisition expert examinations, valuation; changes of authorized procedural persons, expert witnesses, valuators, interpreters and translators;

h) Defend themselves or be defended;

j) Read and write digital documents or copies of such regarding charges and vindication or other copies related to their defense, upon requests, after the end of investigations;

k) Complain about authorized procedural persons’ decisions and actions of legal procedure.

3. Suspects bear these duties:

a) Be present as per subpoenas by persons given authority to institute legal proceedings. If suspects are absent due to any but not force majeure or objective obstacles, they may be delivered by force. Fugitives shall be sought;

b) Comply with competent procedural authorities and persons’ decisions and requests.

4. Minister of Public Security leads and cooperates with the head of the Supreme People’s Procuracy, Court president of the Supreme People’s Court and Minister of Defense to regulate details of sequence, formalities, time limit and location for suspects’ reading and writing of digital documents and copies of such regarding charges, vindication or other copies regarding suspects' pleading, if requested, according to Point i, Section 2 of this Article.

Article 61. Defendants

1. Defendants are physical persons or juridical persons tried as per a Court’s decision. The rights and duties of defendants as suspects are executed by their legal representatives according to this Law.

2. Defendants are entitled to:

a) Obtain decisions on hearing of lawsuits; decisions on enforcement, change or termination of preventive and coercive measures; decisions on case suspension; judgments, Court's rulings and other decisions on legal proceedings as per this Law;

b) Attend the trial;

c) Be informed and explained about their rights and duties as per this Article;

d) Petition for expert examinations, valuation, change of authorized procedural persons, expert witnesses, valuators, interpreters, translators, summoning of witness testifiers, crime victims, individuals having duties and interests from the lawsuit, expert witnesses, valuators, other participants in legal proceedings and authorized procedural persons to the Court;

dd) Present evidences, documents, items and requests;

e) Confer on relevant evidences, documents, items and request authorized procedural persons to inspect and assess such;

g) Defend themselves or be defended;

h) Give statements and opinions, bear no obligation to testify against themselves or admit to guilt;

i) Inquire and request Court presidents to question courtroom participants with the Court president’s consent; engage in oral arguments in court;

k) Give final statement prior to the deliberation of judgments;

l) Read the Court's report and request amendments to the Court's report;

m) Appeal against the Court’ judgments and rulings;

n) Complain about competent procedural authorities and persons’ decisions and legal proceedings;

o) Other rights as per the laws.

3. Defendants bear these duties:

a) Appear as per the Court’s subpoena. b) If defendants are absent due to any but not force majeure or objective obstacles, they shall be delivered by force. Fugitives shall be sought;

b) Conform to the Court’s decisions and requests.

Article 62. Crime victims

1. Crime victims are physical persons suffering from direct damage to physical body, mentality and property, or organizations whose property and reputation are impaired or threatened.

2. Crime victims or their legal representatives are entitled to:

a) Be informed and explained about their rights and duties as per this Article;

b) Present evidences, documents, items and requests;

c) Confer on relevant evidences, documents and items and request authorized procedural persons to inspect and evaluate such;

d) Requisition expert examinations and valuation as per the laws;

dd) Be informed of results of investigations and lawsuits;

e) Request the change of authorized procedural persons, expert witnesses, valuators, interpreters and translators;

g) Recommend punitive measures, compensation level and guarantees of compensation;

h) Attend the trial; provide opinions, request Court president to question defendants and attendees in court; engage in oral arguments in court to defend their legitimate rights and benefits; read the Court’s reports;

i) Defend or have their legitimate rights and benefits defended;

k) Engage in other activities of legal procedure as per this Law;

l) Request competent procedural authorities to protect their life, health, honor, dignity, property, legitimate rights and benefits, kindred against menaces;

m) Appeal against the Court’s judgments and rulings;

n) Complain about competent procedural authorities and persons’ decisions and legal proceedings;

o) Other rights as per the laws.

3. If a lawsuit is brought at the requests for crime victims, they or their legal representatives shall state accusations in court.

4. Crime victims bear these duties:

a) Be present as per authorized procedural persons’ subpoena. If they are absent due to any but not force majeure or objective obstacles, they may be escorted by force;

b) Abide by competent procedural authorities and persons' decisions and request.

5. If an entity is murdered, missing, bereaved of legal capacity, its representative shall execute its rights and duties as per this Law.

Organizations as crime victims, if divided, separated, consolidated or merged, shall have their rights and duties as per this Article possessed by their legal representatives or entities inheriting such duties and rights.

Article 63. Civil plaintiffs

1. Civil plaintiffs are persons and organizations suffering from damage caused by criminal acts and filing damage claim.

2. Civil plaintiffs or their legal representatives are entitled to:

a) Be informed and explained about their rights and duties as per this Article;

b) Present evidences, documents, items and request;

c) Confer on relevant evidences, documents and items and request authorized procedural persons to check and evaluate such;

d) Be informed of results of investigations and lawsuits;

dd) Requisition expert examinations and valuation as per the laws;

e) Request changes of authorized procedural persons, expert witnesses, valuators, interpreters and translators;

g) Recommend level and guarantee measures of compensation;

h) Attend the trial; provide opinions, request Court presidents to question attendees in court; engage in oral arguments in court to defend plaintiffs' legitimate rights and benefits; read the Court’s reports;

i) Defend or have their legitimate rights and benefits defended;

k) Complain about competent procedural authorities and persons’ decisions and legal proceedings;

l) Appeal against the Court’s judgments and rulings on compensations;

m) Other rights as per the laws.

3. Civil plaintiffs bear these duties:

a) Appear as per authorized procedural persons’ subpoena;

b) Present facts for damage claims in honesty;

c) Comply with competent procedural authorities and persons’ decisions and requests.

Article 64. Civil defendants

1. Civil defendants are persons and organizations incurring liabilities for compensations as per the laws.

2. Civil defendants or their legal representatives are entitled to:

a) Be informed and explained about their rights and duties as per this Article;

b) Accept or reject all or parts of civil plaintiffs’ claims;

c) Present evidences, documents, items and requests;

d) Confer on relevant evidences, documents and items and request authorized procedural persons to inspect and assess such;

dd) Requisition expert examinations and valuation as per the laws;

e) Be informed of results of investigations and lawsuits in connection with damage claims;

g) Request change of authorized procedural persons, expert witnesses, valuators, interpreters and translators;

h) Attend the trial; provide opinions, request the Court president to question attendees in court; engage in oral arguments to protect defendants’ legitimate rights and benefits; read the Court’s reports;

i) Defend or have their legitimate rights and benefits defended;

k) Complain about competent procedural authorities and persons’ decisions and legal proceedings;

l) Appeal against the Court’s judgments and rulings on compensations;

m) Other rights as per the laws.

3. Civil defendants bear these duties:

a) Be present as per authorized procedural persons’ subpoena;

b) Present facts related to compensations in honesty;

c) Conform to competent procedural authorities and persons’ decisions and requests.

Article 65. Parties with interests and duties related to the lawsuit

1. Parties with interests and duties in connection with the lawsuit are individuals and organizations holding benefits and duties pertaining to criminal lawsuits.

2. Parties with interest and duties relating to the lawsuit or their representatives are entitled to:

a) Be informed and explained about their rights and duties as per this Article;

b) Present evidences, documents, items and requests;

c) Requisition expert examinations and valuation as per the laws;

d) Attend the trial; provide opinions, request the Court president to question attendees in court; engage in oral arguments in court to defend their legitimate rights and benefits; read the Court's reports;

dd) Defend or have their legitimate rights and benefits defended;

e) Confer on relevant evidences, documents and items and request authorized procedural persons to verify and assess such;

g) Appeal against the Court's judgments and rulings on matters directly pertaining to their benefits and duties;

h) Complain about competent procedural authorities and persons’ decisions and legal proceedings;

i) Other rights as per the laws.

3. Parties with interests and duties relating to the lawsuit bear these duties:

a) Appear as per authorized procedural persons’ subpoena;

b) Present facts pertaining to their rights and duties in honesty;

c) Abide by competent procedural authorities and persons’ decisions and requests.

Article 66. Witness testifiers

1. Witness testifiers possess knowledge of facts relating to the crime and lawsuit and receive competent procedural authorities' subpoena to testify.

2. The following persons cannot testify:

a) Defense counsels of accused persons;

b) Persons not conscious of facts pertaining to criminal information and lawsuit or not capable of giving judicious testimonies due to their mental or physical impairment.

3. Witness testifiers are entitled to:

a) Be informed or explained about their rights and duties as per this Article;

b) Request summoning authorities to protect their life, health, honor, dignity, property, legitimate rights and benefits and kindred against menaces;

c) File complaints about competent procedural authorities and persons’ decisions and legal proceedings appertaining to matters that they testify for and against;

d) Have their expenditure of travel and other expenses covered by summoning authorities as per the laws.

4. Witness testifiers bear these duties:

a) Be present as per competent procedural authorities’ subpoena. If their absence due to any but not force majeure or objective obstacles hinders the handling of criminal information, charges, investigations, prosecution, adjudication, they may be escorted by force;

b) Present facts to their knowledge on criminal information and lawsuits and reasons leading to such knowledge in honesty.

5. If witness testifiers give false testimonies, decline or elude testification for any excuses not relating to force majeure or objective obstacles, they shall incur criminal liabilities as per the Criminal Code.

6. Organizations where witness testifiers work or pursue education are responsible for supporting their testification.

Article 67. Witnesses

1. Witnesses are requested by competent procedural authorities to witness legal proceedings according to this Law.

2. The following persons cannot be a witness:

a) Kindred of accused persons or given authority to institute legal proceedings;

b) Persons deprived of judicious consciousness due to mental or physical impairment;

c) Persons less than 18 years old;

d) There are evidences of a person’s bias.

3. Witnesses are entitled to:

a) Be informed and explained about their rights and duties as per this Article;

b) Request authorized procedural persons to abide by the laws and protect their life, health, honor, dignity, property, legitimate rights and benefits, and kindred against menaces;

c) Read reports of legal proceedings, and give opinions on legal proceedings that they witness;

d) Complain about competent procedural authorities and persons’ decisions and legal proceedings pertaining to matters that they witness;

dd) Have expenses covered by summoning authorities as per the laws.

4. Witnesses bear these duties:

a) Appear as per competent procedural authorities’ subpoena;

b) Witness all legal proceedings as requested;

c) Sign records of activities that they witness;

d) Maintain confidentiality of investigative activities that they witness;

dd) Present facts that they witness in honesty at the requests for competent procedural authorities.

Article 68. Expert witnesses

1. Expert witnesses possess professional knowledge of matters requiring examinations for experts, who are  consulted by competent procedural authorities or requested by participants in legal proceedings to conduct expert examinations as per the laws.

2. Expert witnesses are entitled to:

a) Read case files in connection with the subjects of expert examination;

b) Request authorities requisitioning expert examinations or participants in legal proceedings, who petition for expert examinations, to provide documents necessary for reaching conclusions;

c) Participate in sessions of interrogation, extraction of statements and inquiry of matters related to the subjects of expert examination;

d) Refuse to conduct expert examinations without adequate time for relevant tasks, sufficient documents or substantial grounds to reach a conclusion or decline to expert examinations surpassing the extent of their professional knowledge;

dd) Put their own opinions in the joint final report if they do not agree to the joint findings from a team of expert witnesses;

e) Other rights as per the Law on expertise.

3. Expert witnesses bear these duties:

a) Be present as per competent procedural authorities’ subpoena;

b) Maintain confidentiality of investigation findings grasped during expert examinations;

c) Other duties as per the Law on judicial expert examination.

4. If expert witnesses fabricate findings or object to conclude examinations for any reasons but neither force majeure nor objective obstacles, they shall face criminal liabilities as per the Criminal Code.

5. Expert witnesses must decline to engage in legal proceedings or submit to replacement in the following events:

a) They are concurrently crime victims, litigants, or representatives or kindred of crime victims, litigants, suspects or defendants;

b) Having performed the role of defense counsels, witness testifiers, interpreters, translators or valuators in the lawsuit;

c) Having engaged in legal proceedings of the lawsuit.

6. The entities consulting experts shall decide to replace expert witnesses.

Article 69. Valuators

1. Valuators possess professional knowledge of pricing, who are consulted by competent procedural authorities and requested by participants in legal proceedings to valuate property as per the laws.

2. Valuators are entitled to:

a) Study case files in connection with the subjects of valuation;

b) Request the entities requisitioning valuation or participants in legal proceedings, who request valuation, to provide documents necessary for valuation;

c) Refuse to perform activities of valuation without adequate time for relevant tasks, sufficient documents or substantial grounds for valuation or declined to requests for valuation surpassing the extent of their professional knowledge;

d) Put their own findings in the joint final report if disagreeing with the conclusions by the Panel of valuation;

dd) Other rights as per the laws.

3. Valuators bear these duties:

a) Appear as per competent procedural authorities’ subpoena;

b) Maintain confidentiality of investigation facts grasped during their activities of valuation;

c) Other duties as per the laws.

4. If valuators provide false findings or decline to valuate property for any reasons but neither force majeure nor objective obstacles, they shall face criminal liabilities as per the Criminal Code.

5. Valuators must repudiate their engagement in legal proceedings or submit to replacement in the following events:

a) They are concurrently crime victims, litigants, or representatives, kindred of crime victims, litigants or suspects, defendants;

b) Having performed the role of defense counsels, witness testifiers, expert witnesses, interpreters or translators in the lawsuit;

c) Having engaged in legal proceedings of the lawsuit.

6. The entities demanding valuation shall decide the replacement of valuators.

Article 70. Interpreters and translators

1. Interpreters and translators are capable of interpreting and translating languages, whose services are demanded by competent procedural authorities when participants in legal proceedings do not speak Vietnamese or documents are made in foreign languages.

2. Interpreters and translators are entitled to:

a) Be informed and explained about their duties and rights as per this Article;

b) Request entities demanding their services to protect their life, health, honor, dignity, property, legitimate rights and benefits and kindred against menaces;

c) Complain about competent procedural authorities and persons’ decisions and legal proceedings regarding oral and written translation;

d) Receive payments for interpretation and translation from authorities demanding their services and other benefits as per the laws.

3. Interpreters and translators bear these duties:

a) Be present as per competent procedural authorities’ subpoena;

b) Perform tasks of oral and written translation in honesty. If interpreters and translators provide deceitful services, they shall face criminal liabilities as per the Criminal Code;

c) Maintain confidentiality of investigation secrets grasped during their tasks of oral and written translation;

d) Guarantee the execution of their duties before the authorities demanding their services.

4. Interpreters and translators must decline to engage in legal proceedings or submit to replacement in the following events:

a) They are concurrently crime victims, litigants; or representatives, kindred of crime victims, litigants or suspects, defendants;

b) Having performed the role of defense counsels, witness testifiers, expert witnesses, and valuators in the lawsuit;

c) Having engaged in legal proceedings of the lawsuit.

5. The authorities demanding services of oral and written translation shall decide the replacement of interpreters and translators.

6. The stipulations of this Article shall also apply to individuals comprehending signs and behaviors of the mute or the deaf, and writing of the blind.

Article 71. Responsibilities for announcement and explanation of rights and duties of participants in proceedings and assurance of their execution of such obligations and rights

1. Competent procedural authorities and persons are responsible for announcing and explaining the rights and duties of persons participating in legal proceedings and for assuring the latters' execution of such obligations and grants according to this Law.

If a accused person or aggrieved is entitled to legal aid as per the Law on legal aid, competent procedural authorities and persons are responsible for elucidating their right of legal aid. If such person petitions for legal aid, competent procedural authorities and persons shall promptly inform a Governmental legal aid centers.

2. Announcement and explanation must be recorded in writing.

Chapter V

DEFENSE OF LEGITIMATE RIGHTS AND BENEFITS OF CRIME VICTIMS AND LITIGANTS

Article 72. Defense counsels

1. Defense counsels are enabled by persons facing charges or appointed by competent procedural authorities to perform activities of pleading, the registration of which has been approved by competent procedural authorities and persons/

2. Defense counsels may be:

a) Lawyers;

b) Representatives of persons facing charges;

c) People’s advocates;

d) Legal assistants for charged persons given legal aid.

3. People’s advocates are Vietnamese citizens from 18 years of age, pledging allegiance to the Nation, possessing good moral quality, having legal knowledge and sound health to fulfill assignments. Such advocates are assigned by the Committee or affiliations of the Vietnam Fatherland Front to defend their personnel facing charges.

4. The following individuals cannot plead:

a) Having engaged in legal proceedings of the lawsuit; or being kindred of persons having engaged in legal procedure of the lawsuit;

b) Having attended the lawsuit as witness testifiers, expert witnesses, valuators, translators, interpreters;

c) Persons sentenced with criminal records sustained, facing criminal prosecution, or sent to mandatory rehabilitation or education centers through administrative measures.

5. A defense counsel may defend various persons facing charges in one lawsuit if such persons' rights and benefits do not come into collision.

Various defense counsels may defend one person facing charges.

Article 73. Rights and duties of defense counsels

1. Defense counsels are entitled to:

a) Meet and inquire about persons facing charges;

b) Be present during the extraction of statements from arrestees and temporary detainees or the interrogation of suspects, and question arrestees, temporary detainees and suspects with the consent of individuals authorized to acquire statements or conduct interrogation. After authorized individuals end a session of statement extraction or  interrogation, defense counsels may raise questions to arrestees, temporary detainees and suspects;

c) Engage in the activities of confrontation, identification, recognition of voice and other investigative activities as per this Law;

d) Be informed by competent procedural authorities of timing and location for taking statements or interrogating, and schedule and venue for other activities of investigation as per this Law;

dd) Read the records of legal proceedings, in which they have participated, and decisions on legal procedure against persons whom they defend;

e) Request the replacement of persons given authority to institute legal proceedings, expert witnesses, valuators, interpreters and translators; and request the changes or termination of preventive and coercive measures;

g) Petition for legal proceedings according to this Law; for summoning of witness testifiers, other participants in legal procedure or authorized procedural persons;

h) Gather and present evidences, documents, items and request;

i) Inspect, assess and confer on relevant evidences, documents and items and request authorized procedural persons to check and evaluate such;

k) Request competent procedural authorities to collect evidences, add or repeat expert examinations or revaluate property;

l) Read, transcribe and photocopy documents from case files related to their activities of pleading upon the end of investigations;

m) Engage in debates and questioning sessions in court;

n) File complaints about competent procedural authorities and persons’ decisions and legal proceedings;

o) Lodge appeals against the Court’s judgments and rulings if defendants are less than 18 years old or have mental or physical defects as per this Law.

2. Defense counsels bear these duties:

a) Implement all measures as defined by the laws to clarify facts absolving persons facing charges or mitigating criminal liabilities of suspects and defendants;

b) Provide legal assistance to protect legitimate rights and benefits of persons facing charges;

c) Preserve no right to refuse to defend charged persons whom they have agreed to plead for, if excuses do not rely on force majeure or objective obstacles;

d) Respect the truth and be inhibited to bribe, coerce or incite other people to provide false statements or documents;

dd) Appear as per the Court’s subpoena; or, if defense counsels are appointed according to Point 1, Article 76 of this Law, as per a subpoena by investigation authorities or The procuracy;

e) It is inhibited to disclose investigation secrets perceived during their activities of pleading; or exploit documents transcribed or copied from case files to violate the government’s interests, public benefits, legitimate rights and benefits of authorities and entities;

g) It is forbidden to divulge information on the lawsuit and charged person, which they attain when pleading, unless otherwise agreed by the accused person. It is inhibited to exploit such information to infringe the Government’s interests, public benefits, legitimate rights and benefits of authorities and entities.  

3. If defense counsels break laws, their registration of pleading shall become void and they shall face disciplinary or administrative penalties or criminal prosecution according to the nature and severity of their violations. Moreover, they shall incur amends for damages, if caused, according to the laws.

Article 74. Time of defense counsels' participation in legal proceedings

Defense counsels engage in legal proceedings upon the prosecution of suspects.

Defense counsels for arrestees and temporary detainees engage in legal proceedings upon the arrestees’ appearance in an office of investigation authorities or units assigned to carry out certain activities of investigation or upon the release of a decision on temporary detainment.

The head of the Procuracy is authorized, when confidentiality of investigations into national security breach is vital, to sanction defense counsels' engagement in legal proceedings after investigations end.

Article 75. Selection of defense counsels

1. Defense counsels are selected by the accused person, his representative or kindred.

2. In 12 hours upon receiving a written request for defense counsel(s) from an arrestee or temporary detainee, competent authorities managing such arrestee and temporary detainee are responsible for conveying such request to the defense counsel(s), their representatives or kindred. If an arrestee or temporary detainee does not specify a defense counsel, competent authorities managing such arrestee or temporary detainee must impart his written request to a representative or kindred, who shall seek defense counsel(s).

In 24 hours upon receiving a written request for defense counsel(s) from a person held in detention, competent authorities managing such person are responsible for conveying such request to defense counsel(s), their representative or kindred. If a person in detention does not specify a defense counsel, competent authorities managing such person shall give his written request to a representative or kindred, who shall seek defense counsel(s).

3. If a representative or kin of arrestees, temporary detainees or persons in detention lodge a written request for defense counsel(s), competent authorities are responsible for promptly informing such persons in custody to attain their opinions on soliciting defense counsels.

4. Personnel of the Committee or affiliations of Fatherland Front in districts, communes, provincial cities or centrally-affiliated cities' metropolis, or their representatives or kindred request the said authorities to assign people’s advocate(s) to defend such personnel, who face charges.

Article 76. Appointment of defense counsels

1. Competent procedural authorities shall appoint defense counsels, who are not sought by accused persons, their representative or kin in the following events:

a) Suspects or defendants facing charges that may lead to the harshest sentence of 20 years in prison, life imprisonment or death as per the Criminal Code;

b) Persons facing charges and not capable of defending themselves due to physical defects; those with mental disabilities or those under 18 years of age.

2. Competent procedural authorities must demand or ask the following organizations to assign defense counsels for the cases defined in Point 1 of this Article:

a) A bar association assigns a law firm to appoint defense counsel(s);

b) A governmental legal aid center appoints a legal assistant or lawyer to defend persons qualified for legal aid;

c) The committee or affiliations of Vietnam Fatherland Front appoint people's advocate(s) for their personnel who face charges.

Article 77. Replacement or rejection of defense counsels

1. The following persons are entitled to reject or request the replacement of defense counsels:

a) Persons facing charges;

b) Representatives of persons facing charges;

c) Kin of persons facing charges.

All rejections or replacements of defense counsels must be approved by persons facing charges, executed in writing and inputted in case files, unless otherwise stated in Point b, Section 1, Article 76 of this Law.

2. If kin of arrestees, temporary detainees or persons in detention reject defense counsel(s) during the stage of investigation, the investigator and such defense counsel(s) shall directly meet the person in custody to confirm the rejection.

3. If a defense counsel is appointed according to Point 1, Article 76 of this Law, the accused person and his representative or kin shall preserve the right to petition for the replacement or rejection of such defense counsel.

If a defense counsel is replaced, a new defense counsel shall be appointed according to Point 2, Article 76 of this Law.

If a defense counsel is rejected, competent procedural authorities shall record in writing such rejection by accused persons or their representatives or kindred according to Point b, Section 1, Article 76 of this Law, shall terminate the appointment of defense counsels.

Article 78. Procedures for registration of defense counsel

1. In all legal proceedings, a defense counsel must register his activities of pleading.

2. A defense counsel, when registering activities of pleading, must present these documents:

a) A lawyer shall present his lawyer registration card with a certified copy of such, and the letter of application for defense counsel by representatives or kin of accused persons;

b) A representative of accused persons must present identity card or citizen identification card with certified copies of such, and the letter of confirmation by competent authorities of their relationship with the accused persons;

c) A people’s advocate must present his identity card or citizen identification card with certified copies of such, and the letter of appointment b the Committee and affiliations of Vietnam Fatherland Front;

d) A legal assistant or solicitor providing legal aid must present the letter of appointment by legal aid providers and his legal assistant's card or lawyer registration card, respectively, with certified copy of such.

3. If a defense counsel is appointed as per Article 76 of this Law, the following papers must be presented:

a) A lawyer shall present his lawyer registration card with certified copy of such and the letter of appointment by the law firm at which such lawyer practices law, or the letter of assignment by the bar association for individual lawyers;

b) A people's advocate shall present his identity card or citizen identification card with certified copy of such and the letter of appointment by the Committee or affiliations of Vietnam Fatherland Front;

c) A legal assistant or solicitor providing legal aid shall present his legal assistant’s card or lawyer registration card, respectively, with certified copy of such and the letter of appointment by a governmental legal aid center.

4. In 24 hours upon receiving sufficient documents as stated in Point 2 or Point 3 of this Article, competent procedural authorities must verify such papers and the absence of an application for rejection of defense counsel as stated in Point 5 of this Article. Competent procedural authorities, upon completing its verification, shall enter information into a written record for registration of defense counsel, promptly send a notice of defense counsel to the entities registering such defense counsel, and retain papers regarding the registration of defense counsel in the case file. If requirements are not satisfied, denial of registration of defense counsel and reasons shall be informed in writing.

5. Competent procedural authorities deny the registration of defense counsel in one of the following events:

a) As per Point 4, Article 72 of this Law;

b) The accused person and qualified for defense counsel appointment rejects a defense counsel.

6. The written notice of defense counsel takes effect during legal proceedings, save the following events:

a) The accused person rejects or requests to have the defense counsel replaced;

b) A representative or kin of the accused person, according to Point b, Section 1, Article 76 of this Law, reject or request to have the defense counsel replaced;

7. Competent procedural authorities remove the registration of defense counsel and inform the defense counsel and detention facility in one of the following events:

a) The defense counsel falls to circumstances as defined in Point 4, Article 72 of this Law;

b) The laws are violated during the progress of pleading.

Article 79. Responsibilities for informing defense counsels

1. Competent procedural authorities must give the defense counsel an advanced notice in rational time on the schedule and location for legal proceedings that they are permitted to engage in according to this Law.

2. If the defense counsel fails to appear despite of the advance notice by competent procedural authorities, legal proceedings shall occur, unless otherwise defined in Article 291 of this Law.

Article 80. Rendezvous with arrestees, temporary detainees and suspects or defendants in detention

1. The defense counsel, to meet the arrestee, temporary detainees and suspects or defendants in detention, must present the written notice of defense counsel, the lawyer registration card or the legal assistant’s card or the identity card or the citizen identification card.

2. Authorities managing arrestees, temporary detainees, suspects or defendants in detention must inform the defense counsel of the detention facility’s rules and demand his strict compliance. If the defense counsel's breach of the rules on meeting is found, such rendezvous shall be immediately terminated and recorded in writing. Such incident shall be reported to competent individuals for treatments as per the laws.

Article 81. Gathering and submitting evidences, documents and items related to activities of pleading

1. The defense counsel gathers evidences, documents, items and facts for pleading according to Point 2, Article 88 of this Law.

2. In each stage of legal proceedings, the defense counsel shall promptly submit evidences, documents and items for pleading, which he has collected, to competent procedural authorities for the latter's input of such into the case file. The submission and receipt of evidences, documents and items must be executed in writing as per Article 133 of this Law.

3. If the defense counsel fails to gather evidences, documents and items for pleading, he may request competent procedural authorities to collect such.

Article 82. Read, transcribe and photocopy documents from case files

1. If the defense counsel needs to read, transcribe and photocopy documents from case files for activities of pleading upon the end of investigations, competent procedural authorities are responsible for arranging time and location for the defense counsel to read, transcribe and photocopy documents from case files.

2. The defense counsel, after reading, transcribing and photocopying documents, must return case files in original conditions to the authorities providing such files. If documents and case files go astray or become ruined, penalties shall be imposed as per the nature and severity of violations according to the laws.

Article 83. Defenders of legitimate rights and benefits of persons facing accusations or requisitions for charges

1. Defenders of legitimate rights and benefits of persons facing accusations or requisitions for charges are sought by individuals accused or facing requisitions for charges to protect their legitimate rights and benefits.

2. Defenders of legitimate rights and benefits of accused persons or facing requisitions for charges may be:

a) Lawyer;

b) People's advocate;

c) Representative;

d) Legal assistant.

3. Defenders of legitimate rights and benefits of accused persons or facing request for prosecution are entitled to:

a) Present evidences, documents, items and requests;

b) Verify, assess and confer on relevant evidences, documents and items and request authorized procedural persons to inspect and evaluate such;

c) Be present during the extraction of statements from accused persons or facing requisitions for charges or, with the consent of the investigators or procurators, question such persons. After competent individuals end a session of statement extraction, the defender of legitimate rights and benefits of accused persons or facing requisitions for charges is entitled to question such persons.

d) Be present during a session of confrontation, identification, recognition of voice of accused persons or facing requisitions for charges;

dd) Lodge complaints about competent procedural authorities and persons’ decisions and legal proceedings.

4. Defenders of legitimate rights and benefits of accused persons or facing requisitions for charges bear these duties:

a) Implement measures as stated by the laws to contribute to the clarification of objective truths of the case;

b) Providing legal aid to accused persons or facing requisitions for charges to protect their legitimate rights and benefits.

Article 84. Defenders of legitimate rights and benefits of crime victims or litigants

1. Defenders of legitimate rights and benefits of crime victims or litigants are sought by such persons to protect their legitimate benefits and rights.

2. Defenders of legitimate rights and benefits of crime victims and litigants may be:

a) Lawyer;

b) Representative;

c) People’s advocate;

d) Legal assistant.

3. Defenders of legitimate rights and benefits of crime victims and litigants are entitled to:

a) Present evidences, documents, materials and requests;

b) Verify, assess and confer on relevant evidences, documents and items and request authorized procedural persons to inspect and evaluate such;

c) Petition for expert examination and valuation;

d) Be present during competent procedural authorities' extraction of statements, confrontation, identification and recognition of voice of individuals whom they defend; read, transcribe and photocopy documents from case files, upon the end of investigations, in connection with the protection of crime victims' and litigants' rights and interests;

dd) Engage in questioning session and oral arguments in court; read the Court’s reports;

e) File complaints about competent procedural authorities and persons' decisions and legal proceedings;

g) Petition for the replacement of authorized procedural persons, expert witnesses, valuators, interpreters and translators;

h) Appeal against parts of the Court's judgments and rulings related to the rights, interests and duties of defended persons under 18 years of age or having physical or mental defects.

4. Defenders of legitimate rights and benefits of crime victims and litigants bear these duties:

a) Implement measures as defined by the laws to contribute to the clarification of objective truths of the case;

b) Provide legal aid to crime victims and litigants to protect their legitimate rights and benefits.

Chapter VI

ATTESTATION AND EVIDENCE

Article 85. Attestation in criminal lawsuits

Competent procedural authorities, when investing, prosecuting and hearing criminal lawsuits must attest:

1. The existence of the crime, time, space and facts of the crime;

2. The perpetrator of the crime; the presence of guilt, intentional or unintentional acts; the existence of criminal capacity; purposes and motive of the crime;

3. Facts aggravating and mitigating criminal liabilities of suspects, defendants and identity traits of suspects and defendants;

4. Nature and severity of damages caused by the crime;

5. Reasons and conditions leading to the crime;

6. Other facts in connection with the exclusion or exemption of criminal liabilities and impunity.

Article 86. Evidences

Evidences are de facto and collected as per the sequence and formalities defined by this Law. Evidences are grounds for the determination of a crime, perpetrators of such crime and other valuable facts for the settlement of the case.

Article 87. Sources of evidences

1. Evidences are collected and determined from these sources:

a) Exhibits;

b) Statements, presentations;

c) Electronic data;

d) Findings of expert examination and valuation;

dd) Records of legal proceedings, investigation, prosecution, adjudication, sentence enforcement;

e) Results of judicial delegation and other international cooperations;

g) Other documents and items.

2. Palpable things not collected as per the sequence and formalities as per this Law bear no legal effect and are not evidences for the settlement of criminal lawsuits.

Article 88. Collection of evidences

1. Competent procedural authorities, to collect evidences, are entitled to perform activities of evidence collection as per this Law, and to request other authorities and entities to provide evidences, documents, items, electronic data and facts that solve the case.

2. Defense counsels, to collect evidences, are entitled to meet persons whom they defend, crime victims, witness testifiers and other individuals knowledgeable about the case to put questions and hear such persons’ stories related to the case; to request authorities and entities to provide documents, items and electronic data for pleading.

3. Other participants in legal proceedings, authorities and entities can provide evidences, documents, items, electronic data and relate matters of the case.

4. Competent procedural authorities, when receiving evidences, documents, items and electronic data related to the case from individuals as stated in Point 2 and Point 3 of this Article, shall make written records of submission, verify and assess such as per this Law.

5. In 05 days’ time upon making written records of investigative activities, collecting and receiving documents on the case, which procurators do not directly administer according to this Law, investigation authorities and units assigned to investigate are responsible for transferring such records and documents to the Procurarcy for the latter’s administration of the establishment of case files.  Such deadline may be extended for at most 15 days in case of objective obstacles. In 03 days' time, the Procuracy affixes seal on records and documents for administration and have them archived and transferred to investigation authorities and units assigned to investigate. The delivery of records and documents are executed in writing according to Article 133 of this Law.

Article 89. Evident materials

Exhibits include tools and means of crimes, objects with criminal traces, criminals' targets, money or other items as satisfactory evidences of crimes and malefactors or of significance to the settlement of cases.

Article 90. Preservation of exhibits

1. Exhibits must be preserved intact and protected from loss, disorder and deterioration. Exhibits are preserved as follows:

a) Sealing of exhibits that must be stored in sealed containers shall be done upon the acquisition of such items.  Sealing and removal of seal are executed in writing and inputted in case files. Sealing and removal of seal on exhibits abide by the government's regulations;

b) Exhibits including money, gold, silver, precious metals, precious stones, antiques, explosives, inflammables, toxic, radioactive substances and military arms must undergo expert examination upon the acquisition of such items and must be subsequently transferred in prompt manner to the State Treasury or specialized units for storage. If exhibits are money, gold, silver, precious metals, precious stones and antiques with criminal traces, they shall be put in sealed containers as per Point a of this Section. If exhibits are harmful bacteria, body parts, tissue samples, blood samples and other samples from human body, they shall be preserved at specialized authorities according to the laws.

c) If exhibits cannot be transported to competent procedural authorities for preservation, competent procedural authorities shall give them to lawful owners or managers of such items or to their kindred or to local authorities or organizations adjacent to the said exhibits;

d) If exhibits are susceptible to damage or subject to difficult process of preservation, competent authorities within their powers shall sanction the sale of such items as per the laws and transfer earnings to a temporary account of a competent authority in the State Treasury for management;

dd) If exhibits are preserved by competent procedural authorities, the units in people's police force, People’s Army force and other units assigned to investigate are responsible for preserving such exhibits during the stage of investigation and prosecution while authorities for civil sentence enforcement are liable for preserving them during the stage of adjudication and sentence enforcement.

2. If individuals liable for preserving exhibits brook damage, loss, breakage of seal, consumption, illegal use, transfer, swap, concealment or destruction of such exhibits, disciplinary penalties or criminal prosecution shall be imposed according to the nature and severity of violations as per the laws.

If exhibits are inserted, dwindled, modified, swapped, disposed or broken to falsify case files, criminal liabilities shall be imposed. Amends for damage of exhibits are mandatory as per the laws.

Article 91. Deposition by witness testifiers

1. Witness testifiers depose their knowledge of the crimes, cases, kin and their relationship with accused persons or aggrieved, other witness testifiers and respond to questions.

2. If witness testifiers state facts whose origin cannot be clarified, such facts shall not become evidence.

Article 92. Deposition by crime victims

1. Crime victims depose the facts on the crimes, cases, their relationship with accused persons and respond to inquiries.

2. If circumstances leading to crime victims’ knowledge of certain facts cannot be clarified, such facts shall not be deemed as evidence.

Article 93. Deposition by civil plaintiffs and civil defendants

1. Civil plaintiffs and civil defendants state facts on amends for damage caused by crimes.

2. If civil plaintiffs or civil defendants fail to clarify situations leading to their knowledge of certain facts, such facts shall not be considered as evidence.

Article 94. Deposition by individuals having interests and duties related to the lawsuit

1. Individuals having duties and interests in connection with the lawsuit state facts directly related to their duties and benefits.

2. If such individuals fail to explain the origin of their acquisition of certain facts, such facts shall not be qualified as evidence.

Article 95. Deposition by emergency detainees, accused persons or facing requisitions for charges, offenders confessing or surrendering, arrestees and temporary detainees

Emergency detainees, accused persons and facing requisitions for charges, offenders confessing and surrendering, arrestees and temporary detainees state facts directly related to their alleged acts of crime.

Article 96. Statements by denouncers and informants

Denouncers and informants state facts related to their denunciation and information of the crimes.

Article 97. Deposition by witnesses

Witnesses state facts that they perceive from legal proceedings.

Article 98. Deposition by suspects and defendants

1. Suspects and defendants state facts of the cases.

2. The admission of crimes by suspects or defendants, if matching other evidences, shall be valid evidence.

The admission of crimes by suspects or defendants shall not be the sole evidence for conviction.

Article 99. Electronic data

1. Electronic data is composed of signals, letters, numbers, images, sound or similar elements created, stored and transmitted or acquired through electronic media.

2. Electronic data is collected through electronic media, computer networks, telecommunication networks, transmission lines and other electronic sources.

3. Electronic data constitutes evident values according to the methods of its creation, storage or transmission; the methods for assurance and maintenance of the entirety of electronic data; and the methods for identifying creators and other proper factors.

Article 100. Results of expert examination

1. Results of a expert examination are produced by entities conducting such examination in writing to give final professional findings on matters examined as per requisition or petition.

2. Authorities and entities are held liable for conclusions they have made regarding matters examined as per requisition or petition.

If a team of expert witnesses carry out a expert examination, all of its members shall affix signatures on the final report. Each person, if providing different opinions, shall have their findings presented in the final report.

3. If competent procedural authorities disagree with the results of a expert examination, their reasons must be specified. If results are found unclear or inadequate, expert examinations shall be furthered or repeated according to this Law.

4. Findings given by expert witnesses who must decline to perform examinations or submit to replacement shall be deemed null and invalid for the settlement of the case.

Article 101. Results of valuation

1. Results of valuation are produced by the Panel of valuation in writing to conclude values of property as per requests.

The Panel of valuation is held liable for its findings on property values.

2. All members of the Panel of valuation must affix signatures on the written conclusion of valuation. A member of the Panel, if debating property values determined by the Panel, shall present his findings in the final report.

3. If competent procedural authorities disagree with the findings on valuation, their reasons must be specified. If findings are found obscure, valuation process shall be repeated according to this Law.

4. If findings from the Panel of valuation violate this Law or other laws, they shall be invalid and not usable for the settlement of the case.

Article 102. Records of inspection and verification of criminal information, charges, investigations, prosecution, adjudication

The facts on inspection and verification of criminal information, charges, investigations, prosecution and adjudication, which are established and recorded in writing according to this Law, shall be evidences.

Article 103. Results of legal delegation and international cooperation

The results of legal delegation and international cooperation from competent foreign authorities, if matching other evidences, shall become evidences.

Article 104. Other documents and items in the case

Case facts available in documents and items from authorities and entities may become evidences. If such documents and items possess traits as defined in Article 89 of this Law, they shall be exhibits.

Article 105. Acquisition of exhibits

Exhibits must be acquired promptly and fully and their actual conditions must be described precisely in writing and in case files. If exhibits cannot be put in case files, they shall be photographed and recorded by camcorder to be stored in case files. Exhibits must be sealed or preserved as per the laws.

Article 106. Handling of exhibits

1. Investigation authorities and units assigned to investigate make decisions on the handling of exhibits if the case is dismissed at the stage of investigation. The procuracy decides the handling of exhibits if the case is dismissed at the stage of prosecution. The court president governs the handling of exhibits if the case if dismissed at the preliminary stage of adjudication. The Trial panel make decisions on the handling of exhibits if the case is heard.

The enforcement of decisions on the handling of exhibits must be executed in writing.

2. Exhibits are handled as follows:

a) Exhibits including tools or means of crime, objects prohibited from storage and trading shall be seized, confiscated into the state budget or disposed;  

b) Exhibits including money or property gained through criminal acts shall be seized and confiscated into the state budget.

c) Exhibits that are not valuable and usable shall be seized and disposed.

3. During the processes of investigation, prosecution and adjudication, the competent authorities and individuals as stated in Section 1 are entitled to

a) Return property seized and detained but not deemed as evidences to legitimate owners or managers of such in promptly manner;

b) Return evidences to legitimate owners or managers if such return is deemed not to affect the settlement of the case and the enforcement of sentences;

c) Evidences susceptible to damage or subject to strenuous preservation may be sold as per the laws. If they are not salable, disposal shall occur;

d) Evidences including wild animals and exotic plants shall be handled by competent specialized control units immediately after the release of findings of expert examinations as per the laws.

4. If disputes over the ownership of exhibits exist, the settlement of such shall be governed by the Civil procedure code.

Article 107. Acquisition of electronic means and data

1. Electronic media must be obtained promptly and fully, described precisely by actual conditions and sealed upon acquisition. Sealing and unsealing shall abide by the laws.

If electronic data storing means cannot be seized, competent procedural authorities shall copy electronic data into another electronic medium for storage of evidence. Moreover, relevant authorities and entities shall be requested to store and preserve the entirety of electronic data that competent procedural authorities have copied, and assume legal liabilities for storage and preservation of such data.

2. Competent procedural authorities, when attaining, intercepting and copying electronic data from electronic media, computer networks or transmission lines, must execute written records for case files.

3. Upon receiving competent procedural authorities’ requisition for expert examination, entities deemed responsible shall restore, search and examine electronic data.

4. Only copies of electronic data shall be restored, sought and examined. Results from restoration, search and expert examination must be converted to readable, audible or visible formats.

5. Electronic media and data are preserved as evidences according to this Law. Electronic data, when displayed as evidences, must come with its storage means or copies.

Article 108. Inspection and evaluation of evidences

1. Each evidence must be inspected and evaluated to verify its validity, authenticity and connection with the case. The verification of evidences acquired must be adequate to settle criminal cases.

2. Authorized procedural persons within their powers and duties must inspect and evaluate all evidences of the case in fully, unbiased and thorough manners.

Chapter VII

PREVENTIVE AND COERCIVE MEASURES

Heading I. PREVENTIVE MEASURES

Article 109. Preventive measures

1. Competent procedural authorities and persons within their powers can implement measures of emergency custody, arrest, temporary detainment, detention, bail, surety, residential confinement, exit restriction, in order to preclude crime, to prevent accused persons from evidently obstructing investigations, prosecution, adjudication or from committing other crimes, or to assure the enforcement of sentences.

2. The apprehension of persons refers to emergency custody, arrest of perpetrators of crimes in flagrante or wanted fugitives, capture of suspects and defendants for detention, and arrest of persons for extradition.

Article 110. Emergency custody

1. Emergency custody of a person is permitted in one of the following events:

a) There are substantial evidences that such person is going to commit a horrific or extremely severe felony;  

b) The accomplice committing the crime, or the perpetrator of the crime, who was identified by the crime victim or a person at the crime scene, must be obstructed from escape;

c) A person carrying criminal traces or a suspect whose residence, workplace or tools contain criminal traces must be obstructed promptly from escaping or disposing evidences.

2. The following individuals are entitled to issue an order of emergency custody:

a) Head and vice heads of investigation authorities;

b) Heads of independent units at regiment level and equivalent ones, commanding officers of border protection posts; commanders of border protection units at border gates, captains of border protection units in provinces and centrally-affiliated cities, heads of border reconnaissance departments and drug and crime departments of the border protection force, heads of special services against drug and crime of the border protection force; zone commanders of maritime police force, heads of specialized and legal departments of the maritime police force, heads of special service of drug enforcement of the maritime police force; heads of zonal bureaus of fisheries resources surveillances;

c) Commanding pilots and captains of aircrafts and ships leaving airports or sea ports.

3. The order for emergency custody must specify full name and address of the detainee, reason and grounds for detainment according to Section 1 of this Article and other stipulations in Section 2, Article 132 of this Law. The enforcement of a emergency custody order must abide by Section 2, Article 113 of this Law.

4. Upon holding persons in emergency custody or taking in emergency detainees, investigation authorities and units assigned to investigate, within 12 hours, must take statements promptly, and individuals as stated in Point a and Point b, Section 2 of this Article must issue a temporary detainment order, arrest warrant and discharge order on the detainee. The emergency custody order and relevant documents must be delivered promptly to the equivalent Procuracy or competent ones for ratification.

Individuals as per Point c, Section 2 of this Article, after holding persons in emergency custody, must deliver by force detainees and bring emergency custody documents to investigation authorities adjacent to the first airport or sea port where the airplane or ship lands or docks, when returning.

Upon taking in detainees, investigation authorities must take statements promptly within 12 hours, and individuals as per Point a, Section 2 of this Article must issue a temporary detainment order, arrest warrant or release order on the emergency detainee. The emergency custody order and relevant documents must be delivered to the equivalent Procuracy for approval.

The emergency custody order must specify full name and address of the detainee, reason and grounds for detainment according to Section 1 of this Article and Section 2, Article 132 of this Law.

5. A written request for the Procuracy's approval of an emergency custody order is composed of:

a) The letter of request for the Procuracy’s approval of the emergency custody order;

b) The written order for emergency custody, arrest warrant against emergency detainees, temporary detainment order;

c) The written record of emergency custody;

d) The written record of emergency detainee’s deposition;

dd) Evidences, documents and items related to emergency custody.

6. The procuracy must strictly administer the grounds for detainment as per Section 1 of this Article. The procurator, if necessary, shall meet the emergency detainee before approving or denying the order for emergency custody. The written record of the emergency detainee’s deposition, as made by the procurator, must be retained in the case file.

Upon receiving the written request for approval of emergency custody order, the Procuracy must decide to approve or deny such order in 12 hours. If The procuracy denies the emergency custody order, the individual making such order and investigation authority taking in the detainee must immediately discharge the detainee.

Article 111. Arrest of perpetrators of crimes in flagrante delicto

1. Everyone is permitted to arrest and delivery by force a person, who is caught in and immediately after the act of committing a crime and chased, to the nearest police station, Procuracy or People’s committee. The said authorities, when taking in the detainee, must make written record of the incident and delivery by force the detainee or report to competent investigation authorities in prompt manner.

2. Everyone is permitted to disarm the detainee when capturing a person caught in the act of coming a crime.

3. If communal, ward or town police unit or police station detects, arrests and detains a perpetrator of a crime in flagrante, it shall temporarily seize weaponry, retain relevant documents and items, make written record of arrest, take initial statements, protect crime scene as per the laws, deliver by force the detainee or report to competent investigation authorities in prompt manner.

Article 112. Apprehension of wanted persons

1. Everyone is permitted to capture and deliver by force a wanted person to the nearest police station, Procuracy or People’s committee. The said authorities, when taking in the arrestee, must make written record of the incident and deliver by force the arrestee and report to competent authorities in prompt manner.

2. Everyone, when capturing a wanted person, is permitted to disarm such person.

3. If communal, ward or town police unit or police station detects, arrests or takes in, it shall temporarily seize weaponry, retain relevant documents and items, make written record of arrest, take initial statements, protect crime scene as per the laws, deliver by force the arrestee or report to competent investigation authorities in prompt manner.

Article 113. Apprehension of suspects and defendants for detention

1. The following individuals are entitled to order and decide the apprehension of suspects and defendants for detention:

a) Heads and vice heads of investigation authorities. In this event, the arrest warrant must be approved by the equivalent Procuracy prior to apprehension;

b) Head and vice heads of a People’s Procuracy, and head and vice heads of a Military procuracy;

c) Court presidents, Vice court presidents of People’s Courts, and Court presidents and Vice court presidents of Courts-martial; trial panel.

2. The arrest warrant and written approval of the arrest warrant must specify full name and address of the arrestee, reasons and other details as per Point 2, Article 132 of this Law.

Enforcers of an arrest warrant must read out the warrant, explain its content, arrestee's duties and rights, make written record of the arrest, and give the warrant to the arrestee.

The apprehension of a person at his place of residence must be witnessed by a representative of communal, ward or town authorities and other individuals. The apprehension of a person at his place of work or education must be witnessed by a representative of the place of work or education. The apprehension of a person at other places must be witnessed by a representative of communal, ward or town authorities.

3. Apprehension must not occur at night, except for criminals in flagrante or wanted persons.

Article 114. Essential actions upon emergency custody, arrest or intake of arrestees and detainees

1. Upon holding a person in emergency custody, arresting persons or taking in arrestees and detainees, investigation authorities and units assigned to investigate must take statements promptly and, within 12 hours, make decisions on temporary detainment or discharge of the arrestee.

2. Investigation authorities, after taking in and acquiring statements from wanted arrestees, must inform the authority issuing the wanted notice for the transfer of the arrestee. After taking in the arrestee, the authority issuing the wanted notice must promptly issue a decision on terminating the wanted notice.

If the authority issuing the wanted notice fails to attain the arrestee promptly, the authority taking in the arrestee, after taking statements, shall issue a decision on temporary detainment and inform the former. If the authority issuing the wanted notice still does not acquire the arrestee upon the end of the temporary detainment, the latter shall extend the time of detainment and submit the written extension of the time of detainment and relevant documents to the equivalent Procuracy for approval.

If failing to acquire the arrestee promptly, the authority issuing the wanted notice and authorized for detention must issue a temporary detention order approved by the equivalent Procuracy to the investigation authority taking in the arrestee. Upon receiving the detention order, the investigation authority taking in the arrestee must delivery by force such arrestee to the nearest detention center in prompt manner.

3. If several wanted notices are issued against an arrestee, the authority taking in the arrestee transfers such arrestee to the nearest authority that issued a wanted notice.

Article 115. Written records of emergency custody and arrest

1. Enforcers of detainment orders or arrest warrants must execute all matters in writing.

The written record must specify time, date and location of detainment or arrest and where the record is made. It must indicate actions, circumstances during the enforcement of the detainment order or arrest warrant, documents and items seized, health conditions and opinions or complaints of detainees and arrestees and other details as per Article 133 of this Law.

The record shall be read out to the detainee or arrestee and the witnesses. The detainee, arrestee, enforcers of the detainment order or arrest warrant and witnesses must affix signatures onto the record. If a person as stated above has different opinions or disagrees with the record, he is permitted to enter such opinions or disagreement into the record and affix signature below.

The temporary seizure of documents and items from detainees and arrestees must abide by this Law.

2. A written record shall be made upon the transfer of the detainee or arrestee.

Apart from details as defined in Section 1 of this Article, the written record must elaborate the transfer of the deposition record, documents and items acquired, health condition of detainees and arrestees and facts occurring upon the transfer.

Article 116. Notice of emergency custody and arrest

The individual issuing the detainment order or arrest warrant, after apprehending a person, shall inform his family, workplace, educational facility or local authorities in the commune, ward or town where he resides.

Investigation authorities, in 24 hours after taking in detainees and arrestees, must inform their family members, workplace, educational facility, local authorities in the commune, ward or town where he resides. If detainees and arrestees are foreigners, Vietnamese diplomatic authorities must be informed to deliver notices to diplomatic missions of countries whose citizens are detained or arrested.

If such notice obstructs the pursuit of suspects or investigative activities, investigation authorities taking in detainees and arrestees shall release notices after such obstructions suspend to exist.

Article 117. Temporary detainment

1. Temporary detainment may apply to persons held in emergency custody or arrested against crimes in flagrante, malefactors confessing or surrendering or persons arrested as per wanted notices.

2. The individuals authorized to issue detainment orders as per Section 2 of Article 110 of this Law are entitled to decide temporary detainment.

A decision on temporary detainment must specify full name and address of the person on temporary detainment, reason, time, starting and final date of temporary detainment and details as per Point 2, Article 132 of this Law. The decision on temporary detainment must be given to the person on temporary detainment.

3. Enforcers of decisions on temporary detainment must inform persons on temporary detainment and explain their duties and rights as per Article 59 of this Law.

4. The individual issuing the decision on temporary detainment, in 12 hours upon making such decision, must send the decision and supporting documents to the equivalent Procuracy or a competent Procuracy. If the temporary detainment is found unjustified or unnecessary, the Procuracy issues a decision on annulling the decision on temporary detainment. The individual issuing the decision on temporary detainment must immediately discharge the person on temporary detainment.

Article 118. Time spent in temporary detainment

1. The time limit for temporary detainment is 03 days after investigation authorities and units assigned to investigate take in or deliver by force detainees and arrestees to their units, or upon investigation authorities’ issuance of temporary detainment decisions against malefactors confessing or surrendering.

2. The individual deciding temporary detainment, if necessary, can extend the time limit for temporary detainment for at most 03 more days. The individual deciding temporary detainment, in special events, can give second extension of the time limit for temporary detainment for at most 03 more days.

Extension of temporary detainment must be approved by the equivalent Procuracy or a competent Procuracy. The procuracy, in 12 hours upon receiving a written request for temporary detainment extension, must approve or deny such request.

3. If grounds for prosecution do not suffice during the period of temporary detainment, investigation authorities and units assigned must promptly discharge the detainees on temporary detainment. Otherwise, the Procuracy, which has extended temporary detainment, shall discharge such detainees in prompt manner.

4. The time spent in detainment shall be subtracted from the time spent in detention. One day spent in detainment gives one day’s credit toward the time passed in detention.

Article 119. Detention

1. Detention may apply to suspects and defendants perpetrating a horrific or extremely severe felony.

2. Detention may apply to suspects or defendants committing a felony or misdemeanor punishable with incarceration for more than 02 years as per the Criminal Code if grounds show that:

a) Such persons commit crimes despite of existing preventive measures against them;

b) No definite place of residence is known or a defendant's identity is unidentified;

c) Such persons have absconded and have been arrested as per wanted notices or are evidently going to vanish;

d) Such persons continue criminal acts or are evidently going to continue crimes;

d) Such persons commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin.

3. Detention may apply to suspects or defendants committing a misdemeanor punishable with maximum 02-year imprisonment as per the Criminal Code if they continue criminal acts or are fugitives arrested as per wanted notices.

4. If suspects or defendants have clear information of residence and identity and are gestating, raising a child less than 36 months of age, suffering from senility or serious diseases, detention shall be replaced by other preventive measures, except that:

a) They abscond and get arrested as per wanted notices;

b) They continue criminal acts;

d) They commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers or their kin.

d) Suspects or defendants breach national security and detention evidently prevents them from transgressing national security.

5. Authorized individuals as defined in Section 1, Article 113 of this Law are entitled to issue orders and decisions on detention. Detention orders made by individuals as defined in Point a, Section 1, Article 113 of this Law must be approved by the equivalent Procuracy prior to the enforcement of such orders. The procuracy, in 03 days upon receiving a detention order, written request for approval and relevant documents, must approve or deny such request. The procuracy must return documents to investigation authorities upon the former’s completion of the ratification process.

6. Investigation authorities must inspect identity papers of persons in detention and inform their family members, workplace, educational facility or local authorities in the commune, ward or town where they reside.

Article 120. Attention to kindred and preservation of property for persons in temporary detainment or detention

1. If persons on temporary detainment or in detention live with disabled, senile or mentally ill individuals left unattended, the authorities deciding temporary detainment or detention shall assign other relatives to provide them with care. If no relative exists, the authorities deciding temporary detainment or detention shall put them into care by local authorities in the commune, ward or town where  they reside. The care of children of persons on temporary detainment or in detention shall comply with the Law on enforcement of temporary detainment and detention.

2. If persons in temporary detainment or detention own houses or property left unattended, the authorities deciding temporary detainment or detention shall implement methods of preservation.

3. The authorities deciding temporary detainment or detention shall give persons on temporary detainment or in detention a notice of the attention to their kindred and property. Such notice shall be executed in writing and stored in case files.

Article 121. Bail

1. Surety is a preventive measure in lieu of detention. Investigation authorities, procuracies and Courts shall consider the nature and severity of acts against the society and suspects’ or defendants’ personal records and decide to approve or refuse bail.

2. Organizations may bail suspects or defendants, who are their employees. An organization undertaking bail shall present a written promise that bears the signature of its head.

Individuals who are at least 18 years of age, have good records, abide strictly by the laws, gain stable incomes and are capable for overseeing persons on bail can undertake bail for suspects or defendants who are their kin. In this event, bail must be undertaken by at least 02 individuals. An individual undertaking bail must present a written promise endorsed by his workplace or educational facility or local authorities in the commune, ward or town where he resides.

The written promise from organizations or individuals undertaking bail must guarantee to prevent suspects or defendants from violating duties as prescribed in Section 3 of this Article. Organizations and individuals undertaking bail shall be informed of case facts in connection with their undertaking of bail.

3. Suspects and defendants on bail must guarantee their execution of these duties in writing:

a) Appear as per a subpoena, unless force majeure or objective obstacles occur;

b) Not to abscond or continue criminal acts;

d) Not to commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin.

If suspects and defendants violate duties guaranteed in this Section, they shall be put in detention.

4. Authorized individuals as defined in Section 1, Article 113 of this Law, and Presiding judges are entitled to make decisions on bail. The decisions made by individuals as defined in Point a, Section 1, Article 113 of this Law shall be ratified by the equivalent Procuracy prior to the enforcement of such decisions.

5. The length of bail time shall not exceed the time of investigation, prosecution or adjudication as per this Law. Bail time for persons sentenced to imprisonment shall not exceed the time from conviction to enforcement of incarceration sentence.

6. Organizations and individuals undertaking bail but failing to make suspects or defendants conform to duties guaranteed shall incur fines subject to the nature and severity of violations as per the laws.

Article 122. Surety

1. Surety is a preventive measure in lieu of detention. Investigation authorities, procuracies and Courts shall consider the nature and severity of acts against the society and suspects’ or defendants’ personal records and decide to allow them or their kin to undertake surety.

2. Suspects and defendants on surety must guarantee their execution of these duties in writing:

a) Appear as per a subpoena, unless force majeure or objective obstacles occur;

b) Not to abscond or continue criminal acts;

d) Not to commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin.

If suspects and defendants violate duties guaranteed in this Section, they shall be put in detention and the amount of money as surety shall be confiscated  into the state budget.

3. Authorized individuals as defined in Section 1, Article 113 of this Law, and Presiding judges are entitled to make decisions on surety. The decisions made by individuals as defined in Point a, Section 1, Article 113 of this Law shall be ratified by the equivalent Procuracy prior to the enforcement of such decisions.

4. The length of surety time shall not exceed the time of investigation, prosecution or adjudication as per this Law. Surety time for persons sentenced to imprisonment shall not exceed the time from conviction to enforcement of incarceration sentence.  The procuracy or Court is liable for returning the money as surety to suspects and defendants abiding by all duties guaranteed.

5. Kindred of suspects and defendants permitted by investigation authorities, procuracies or Courts to undertake surety must engage in a written promise to restrain suspects and defendants from violating duties as per Section 2 of this Article. If violations occur, the surety money shall be confiscated into the state budget. Such individuals, upon making written promises, shall be informed of case facts related to suspects or defendants.

6. Minister of Public Security leads and cooperates with Head of Supreme People’s Procuracy, Court president and Minister of Defense to regulates details of sequence, formalities, level of surety money, impoundment, return, confiscation of surety money into the state budget.

Article 123. Residential confinement

1. Residential confinement is a preventive measure that may apply to suspects and defendants having definite place of residence and records assuring their presence as per subpoena by investigation authorities, procuracies or Courts.

2. Suspects and defendants confined to a specific place of residence must guarantee their execution of these duties in writing:

a) Not to be absent from the specified place of resident without the permission by the authority issuing residential confinement orders;

b) Be present as per a subpoena, unless force majeure or objective obstacles occur;

b) Not to abscond or continue criminal acts;

d) Not to commit acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin.

If suspects and defendants violate duties guaranteed in this Section, they shall be put in detention.

3. Authorized individuals as defined in Section 1, Article 113 of this Law, Presiding judges and commanding officers of border protection posts are entitled to issue residential confinement orders.

4. The length of time of residential confinement shall not exceed the time of investigation, prosecution or adjudication as per this Law. The length of time of residential confinement against persons sentenced to imprisonment shall not exceed the time from conviction to enforcement of incarceration sentence.

5. The individuals issuing residential confinement orders must inform local authorities in the commune, ward or town where suspects or defendants reside, or military units that manage them of the enforcement of the measure. Moreover, suspects and defendants shall be transferred to such local authorities or military units to oversee and supervise them.

If suspects and defendants ought to temporarily leave the specified place of residence due to force majeure or objective obstacles, they must obtain permission from local authorities in the commune, ward and town where they reside, or military units that manage them. Permission must also be granted by individuals issuing residential confinement orders.

6. If suspects and defendants violate duties guaranteed, local authorities near their place of residence or military units managing them must report to the authority issuing residential confinement orders for intra vires measures.

Article 124. Exit restriction

1. Exit restriction may apply to the following persons when there are evident grounds that their exit from the country denotes evasion:

a) Persons denounced or facing requisitions for charges are suspected of crimes according to sufficient grounds and must be detained from absconding or destroying evidences

b) Suspects and defendants.

2. Authorized individuals as defined in Section 1, Article 113 of this Law, and Presiding judges are entitled to make decisions on exit restriction. Decisions on exit restriction made by individuals as defined in Point a, Section 1, Article 113 of this Law shall be ratified by the equivalent Procuracy prior to the enforcement of such decisions.

3. The length of exit restriction time must not exceed the time limit for processing of criminal information, pressing of charges, investigation, prosecution and adjudication as per this Law. Exit restriction time against persons sentenced to imprisonment shall not exceed the time from conviction to enforcement of custodial sentence.

Article 125. Termination or alteration of preventive measures

1. Every preventive measure in effect must be terminated in one of the following events:

a) Decision not to institute criminal proceedings;

b) Terminate investigation and dismiss lawsuit;

b) Terminate investigation and lawsuit against suspects;

d) The Court declares a defendant not guilty, exempt from criminal liability, penalty or custodial sentence but imposes a suspended sentence or warning penalty, fine, non-custodial rehabilitation.

2. Investigation authorities, procuracies, and Courts shall terminate or replace preventive measures, if deemed superfluous, with other preventive measures.

The procuracy decides to terminate or replace preventive measures that it has approved during the stage of investigation. The authority requesting approval of a preventive measure excluding temporary detainment sanctioned by The procuracy, in 10 days prior to its loss of effect, must inform The procuracy of such expiration to have it terminated or replaced.

Heading II. COERCIVE MEASURES

Article 126. Coercive measures

Competent procedural authorities and persons can implement measures of coercive delivery, forced escort, property distrainment or freezing of accounts, in order to maintain intra vires activities of charge filing, investigation, prosecution, adjudication, sentence enforcement.

Article 127. Coercive delivery and forced escort

1. Coercive delivery may apply to persons held in emergency custody or facing charges.

2. Forced escort may apply to:

a) Witness testifiers absent despite of subpoenas not due to force majeure or objective obstacle;

b) Crime victims, not due to force majeure or objective obstacles, refusing expert examination postulated by competent procedural authorities;

c) Persons facing denunciation or requisitions for charges and, through sufficient evidences, found involved in criminal acts leading to charges, but resisting subpoena not because of force majeure or objective obstacle.

3. Investigators, heads of units assigned to investigate, procurators, Presiding judges, and trial panel are entitled to make decisions on coercive delivery and forced escort.

4. A decision on coercive delivery or forced escort must specify full name, date of birth, residential place of the person delivered or escorted by force; time and location for the appearance of such person and other details as stated in Section 2, Article 132 of this Law.

5. Enforcers of decisions on coercive delivery or forced escort shall read and explain such decisions and execute written records of coercive delivery or forced escort as per Article 133 of this Law.

Competent people’s police force and people’s military force shall be responsible for enforcing the decisions on coercive delivery and forced escort.

6. The coercive delivery or forced escort of people must not commence at night. Senile or seriously ill persons with medical facilities’ affirmation shall not be delivered and escorted by force.

Article 128. Distrainment of property

1. Distrainment of property only applies to suspects and defendants whose offences are punishable by mulct or confiscation of property as per the Criminal Code, or applies to guarantee compensations over damage.

2. Authorized individuals as defined in Section 1, Article 113 of this Law, and Presiding judges are entitled to make decisions on distrainment of property. Such decisions made by individuals as defined in Point a, Section 1, Article 113 of this Law shall be ratified by the equivalent Procuracy prior to the enforcement of decisions.

3. Only parts of property proportionate to probable degree of fine, seizure or compensation for damage shall be distrained. The property distrained shall be preserved by owners or their kin or legitimate managers. Persons, if consuming, transferring, swapping, concealing or destroying distrained property assigned to them, shall incur criminal liabilities as per the Criminal Code.

4. Distrainment of property must be done in the presence of:

a) Suspects or defendants or their representatives or family members at least 18 years of age;

b) Representatives of local authorities in the commune, ward or town where distrained property are located;

c) Witnesses.

Individuals distraining property shall execute written records, specify names and conditions of each property distrained. Such written records shall be made according to Article 178 of this Law, read out to those present and bear their signatures. Opinions and complaints by persons stated in Point a of this Section against distrainment shall be entered into written records and undersigned by such persons and individuals distraining property.

A record of distrainment shall be executed in four originals. One is given to persons stated in Point a of this Section immediately after distrainment completes. One is given to the local authority at the commune, ward or town where distrained property are located. One is delivered to the equivalent Procuracy. One is stored in the case file.

Article 129. Freezing of  accounts

1. Account freeze only applies to suspects and defendants whose offences are punishable by mulct or confiscation of property as per the Criminal Code, or applies to guarantee compensations over damage upon the detection of such persons’ accounts in a credit institution or state treasury. Account freeze also applies to other people’s accounts evidently found to hold amounts involved in criminal acts of accused persons.

2. Authorized individuals as defined in Section 1, Article 113 of this Law, and Presiding judges are entitled to make decisions on account freeze. Such decisions made by individuals as defined in Point a, Section 1, Article 113 of this Law shall be ratified by the equivalent Procuracy prior to the enforcement of decisions.

3. Only amounts proportionate to probable degree of fine, seizure or compensation for damage shall be frozen. Persons assigned to freeze and manage accounts but defreezing such accounts shall incur criminal liabilities as per the Criminal Code.

4. Competent presiding authorities, when freezing accounts, must give written decisions on account freeze to the credit institution or state treasury managing the accounts of accused persons or other people’s accounts involved in criminal acts of persons facing charges. The delivery of the account freeze order must be executed in writing according to Article 178 of this Law.

The credit institution or state treasury managing accounts of arrestees, detainees, suspects, defendants or other people's accounts involved in criminal acts of arrestees, detainees or defendants, upon receiving the order of account freeze, shall immediately freeze such accounts and execute written records.

A written record of account freeze shall be executed in five originals. One is given to the person facing charges. One is given to other people involved in the accused person. One is given the equivalent Procuracy. One is stored in the case file. One is retained by the credit institution or state treasury.

Article 130. Termination of property distrainment and account freeze

1. Property distrainment and account freeze in force must be terminated in one of the following events:

a) Suspension of investigation or lawsuit;

b) Suspension of investigation or lawsuit against suspects;

c) The Court declares defendants not guilty;

d) Suspects are not penalized to incur fine, property distrainment or compensation for damage.

2. Investigation authorities, procuracies and Courts terminate property distrainment and account freeze deemed unnecessary.

The procuracy must be informed of the termination or replacement of measures for property distrainment or account freeze during the stage of investigation and prosecution prior to the issuance of decisions.

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.

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