What are regulations on the time limit for trial preparation in Vietnam? What contents are included in the decision to bring a case to trial in Vietnam?

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Question date: 01/09/2022

What are regulations on the time limit for trial preparation in Vietnam? What contents are included in the decision to bring a case to trial in Vietnam?

    • What are regulations on the time limit for trial preparation in Vietnam? What contents are included in the decision to bring a case to trial in Vietnam?
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    • What are regulations on the time limit for trial preparation in Vietnam?

      Pursuant to Article 277 of the Criminal Procedures Code in 2015 stipulating as follows:

      The presiding judge, in 30 days for misdemeanors, 45 days for felonies, 02 months for horrific felonies and 03 months for extremely severe felonies upon the admission of the case, shall make one of the following decisions:

      a) Hear the case;

      b) Return documents for further investigation;

      c) Suspend or dismiss the case.

      Notice:

      The court president of the Court may decide to extend the time limit for preparation for trial against a complex case for 15 more days for misdemeanors and felonies and 30 more days at most for horrific felonies and extremely severe felonies. The equivalent procuracy must be promptly informed of the extension of the time limit for trial preparation.

      If a case is returned for further investigation, the Presiding judge, in 15 days upon retrieving documents, must decide to hear the case. If a case is resumed, the time limit for trial preparation shall abide by universal stipulations of this Law and commences as of the date of the Court's decision to resume the case.

      What contents are included in the decision to bring a case to trial in Vietnam?

      Pursuant to Article 255 of the Criminal Procedures Code in 2015 stipulating contents are included in the decision to bring a case to trial in Vietnam as follows:

      1. A decision to bring a case to trial shall detail:

      a) Issue date of the decision; name of the Court’s issuing the decision; date, time and location of the trial;

      b) Public or secret trial;

      c) Full name, date of birth, place of birth, occupation and residential address of the defendants;

      d) Offence titles, points, sections and articles of the Criminal Code, which are quoted by The procuracy to prosecute defendants;

      dd) Full name of judge(s), lay assessors, Court clerk; full name of reserve judge(s), lay assessor(s) and Court clerk(s), if any;

      e) Full name of procurators exercising prosecution rights and administering the trial; full name of reserve procurators (if any);

      g) Full name of defense counsels (if any);

      h) Full name of interpreters (if any);

      i) Full name of other individuals summoned to the Court;

      k) Evidences taken to and assessed in court.

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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