Law Amending Criminal Procedure Code 2025, No. 99/2025/QH15

LAW

Amending and Supplementing a Number of Articles of the Criminal Procedure Code^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Criminal Procedure Code No. 101/2015/QH13, which has a number of articles amended and supplemented under Law No. 02/2021/QH15, Law No. 34/2024/QH15 and Law No. 59/2024/QH15.

Article 1. To amend and supplement a number of articles of the Criminal Procedure Code

1. To add or annul a number of points of Clauses 1 and 2, Article 4 as follows:

a/ To add Point p below Point o, Clause 1 as follows:

“p/ Competent procuracy means a procuracy responsible for exercising the right to prosecution and supervision of the observance of law in the settlement of matters and cases.”;

b/ To add Point k below Point i, Clause 2 as follows:

“k/ Communes, wards and special zones are below referred to as the commune level.”;

c/ To annul Points a, d and g, Clause 2.

2. To amend and supplement Article 20 as follows:

“Article 20. Responsibility to exercise the right to prosecution and supervise the observance of law in the criminal proceedings

Procuracies shall exercise the right to prosecution and supervise the observance of law in the criminal proceedings, decide on the accusation and detect violations in order to guarantee all criminal acts, offenders, offending legal persons and violations be promptly detected and strictly handled, and the initiation, investigation, prosecution and trial of criminal cases, and execution of judgments be conducted against right offenders and offenses and in accordance with law, leaving no offenses, offenders and offending legal persons unpunished and no innocent persons unjustly punished.

The Procurator General of the Supreme People’s Procuracy shall provide the competence of People’s Procuracies at each level to exercise the right to prosecution and supervise the observance of law in the criminal proceedings in accordance with this Code.”.

3. To amend and supplement Points a, b, c, d, dd and e, Clause 2, Article 35 as follows:

“a/ Persons assigned to carry out a number of investigation activities of the Border Guard force include the Director and Deputy Directors of the Border-Guard Reconnaissance Department; the Director and Deputy Directors of the Drug and Crime Prevention and Control Department; Heads and Deputy Heads of the Reconnaissance Divisions; Heads and Deputy Heads of the Drug and Crime Prevention and Control Task Force Divisions; Commanders and Deputy Commanders of the Border Guard Commands; Heads and Deputy Heads of Border Guard Posts; and Commanders and Deputy Commanders of Port Border-Guard Posts;

b/ Persons assigned to carry out a number of investigation activities of the Customs force include the Head and Deputy Heads of the Anti-Smuggling Investigation Branch; the Head and Deputy Heads of the Post-Customs Clearance Inspection Branch; Heads and Deputy Heads of regional Customs Branches; and Heads and Deputy Heads of border-gate Customs Offices;

c/ Persons assigned to carry out a number of investigation activities of the Forest Protection force include the Director and Deputy Directors of the Forestry and Forest Protection Department; Heads and Deputy Heads of regional Forest Protection Branches; Heads and Deputy Heads of Forest Protection Branches; and Heads and Deputy Heads of Forest Protection Divisions;

d/ Persons assigned to carry out a number of investigation activities of the Coast Guard force include the Commander and Deputy Commanders of the Coast Guard; Commanders and Deputy Commanders of regional Coast Guard Commands; the Director and Deputy Directors of the Operation and Law Department; Heads and Deputy Heads of the Reconnaissance Divisions; Heads and Deputy Heads of the Drug-Related Crime Prevention and Control Task Force Divisions; Commanders and deputy commanders of Naval Fleets; Commanders and Deputy Commanders of Naval Squadrons; Commanders and Deputy Commanders of Naval Flotillas; and Heads and Deputy Heads of Coast Guard Teams;

dd/ Persons assigned to carry out a number of investigation activities of the Fisheries Resources Surveillance force include the Director and Deputy Directors of the Directorate of Fisheries and Fisheries Resources Surveillance; and Heads and Deputy Heads of regional Fisheries Resources Surveillance Branches;

e/ Persons assigned to carry out a number of investigation activities of other bodies in the People’s Public Security forces include Departmental Directors and Deputy Directors, Heads and Deputy Heads of Divisions of the bodies assigned to carry out a number of investigation activities of the People’s Public Security forces, and superintendents and deputy superintendents of prisons as specified in the Law on Organization of Criminal Investigation Bodies;”.  

4. To amend and supplement Clause 4, Article 36 as follows:

“4. Heads and Deputy Heads of investigation bodies shall take responsibility before law for their acts and decisions. Heads and Deputy Heads of investigation bodies may not authorize investigators to perform their tasks and exercise their powers, except the case specified in Clause 1a, Article 37 of this Code.”.

5. To add Clause 1a below Clause 1, Article 37 as follows:

 “1a. Intermediate investigators and senior investigators being chiefs of commune-level public security agencies or deputy chiefs of commune-level public security agencies who are assigned by heads of provincial-level investigation bodies to conduct the initiation and investigation of criminal cases against less serious crimes or serious crimes committed in commune-level localities have the tasks and powers specified in Clause 1 of this Article, at Points a and c, Clause 1, and in Clause 2, Article 36 of this Code, except the power to decide to apply, change or cancel special procedural investigation measures.

The Minister of Public Security shall assume the prime responsibility for, and coordinate with the Procurator General of the Supreme People’s Procuracy in, detailing this Clause.”.

6. To amend and supplement Clause 4, and add Clause 5 below Clause 4, Article 41 as follows:

“4. Chief Procurators and Deputy Chief Procurators shall take responsibility before law for their acts and decisions. Chief Procurators and Deputy Chief Procurators may not authorize procurators to perform their tasks and exercise their powers, except the case specified in Clause 5 of this Article.

5. In case a Prosecution and Appellate Trial Supervision Office of the Supreme People’s Procuracy settles a case, the Procurator General of the Supreme People’s Procuracy may authorize the procurator who holds the post of Director or Deputy Director of the Prosecution and Appellate Trial Supervision Office to perform the following tasks and exercise the following powers:

a/ The tasks and powers specified at Point a, Clause 1 and Point p, Clause 2 of this Article; to protest according to appellate procedures against court judgments and rulings in accordance with this Code;

b/ To decide to assign or change Deputy Directors of the Prosecution and Appellate Trial Supervision Offices, procurators and examiners; to examine activities of exercising the right to prosecution and supervising the observance of law of Deputy Directors of the Prosecution and Appellate Trial Supervision Offices, procurators and examiners;

c/ To decide to alter or cancel groundless and unlawful decisions of Deputy Directors of the Prosecution and Appellate Trial Supervision Offices, procurators and examiners.”;

7. To add Clause 1a below Clause 1, Article 42 as follows:

“1a. The procurator holding the post of Directors of the Prosecution and Appellate Trial Supervision Offices of the Supreme People’s Procuracy may settle complaints in accordance with this Code.”.

8. To amend and supplement Clause 4, and add Clause 5 below Clause 4, Article 44 as follows:

“4. Chief Justices and Deputy Chief Justices shall take responsibility before law for their acts and decisions. Chief Justices and Deputy Chief Justices may not authorize judges to perform their tasks and exercise their powers, except the case specified in Clause 5 of this Article.

5. In case an Appellate Court of the Supreme People’s Court settles a case, the Chief Justice of the Supreme People’s Court may authorize the judge who holds the post of President or Vice President of the Appellate Court to perform the following tasks and exercise the following powers:  

a/ To directly organize the trial of criminal cases falling under his/her jurisdiction;

b/ The tasks and powers specified at Point b, Clause 2 of this Article;

c/ To decide to assign a Vice President of the Appellate Court or a judge to try the criminal case; to decide to assign the court clerk to conduct proceedings for the criminal case; to decide to change a judge or court clerk before opening the court hearing.”.

9. To add Clause 2a below Clause 2, Article 45 as follows:

“2a. The judge who holds the post of President or Vice President of an Appellate Court of the Supreme People’s Court may apply, change or cancel the measures of temporary detention and handling of material evidences; the judge who holds the post of President of an Appellate Court of the Supreme People’s Court may settle complaints in accordance with this Code.”.

10. To amend and supplement Clause 4, Article 75 as follows:

“4. A criminally charged person or his/her representative or relative may request the Vietnam Fatherland Front Committee and the Front’s member organizations to appoint a people’s advocate to defend the criminally charged person who is their member.”.

11. To amend and supplement a number of points and clauses of Article 110 as follows:

a/ To amend and supplement Points a and b, Clause 2 as follows:

“a/ Heads and Deputy Heads of investigation bodies at all levels; and investigators in the case specified in Clause 1a, Article 37 of this Code;

b/ Heads of independent units at the regiment level and the equivalent, Heads of Border-Guard Posts, Commanders of Port Border-Guard Commands, Commanders of Border Guard Commands, the Director of the Border Guard Reconnaissance Department, the Director of the Drug and Crime Prevention and Control Department of the Border Guard, Heads of the Drug and Crime Prevention and Control Task Force Teams of the Border Guard; Heads of Reconnaissance Teams of the Border Guard; Commanders of regional Coast Guard Commands, the Director of the Operation and Law Department of the Coast Guard force, Heads of the Drug-Related Crime Prevention and Control Task Force Teams of the Coast Guard force; Heads of Reconnaissance Teams of the Coast Guard force; and Heads of regional Fisheries Resources Surveillance Branches;”;

b/ To amend and supplement Clause 4 as follows:

“4. Within 12 hours after holding a person in case of emergency or after receiving a person held in case of emergency, the investigation body or the body assigned to carry out a number of investigation activities shall take his/her statements and a person specified at Point a or b, Clause 2 of this Article shall issue a decision on temporary holding or a warrant for arrest of the held person or immediately release him/her. A warrant for arrest of a person held in case of emergency and documents relating to the holding shall be immediately sent to the competent procuracy for consideration and approval.

After holding a person in case of emergency, a person specified at Point c, Clause 2 of this Article shall immediately escort the held person together with documents relating to the holding to the investigation body of the locality where the aerodrome or wharf of first arrival is located. Within 12 hours after receiving the held person, the investigation body shall immediately take his/her statements and a person specified at Point a, Clause 2 of this Article shall issue a decision on holding or a warrant for arrest of the person held in case of emergency or immediately release him/her. A warrant for arrest of a person held in case of emergency and documents relating to the holding shall be immediately sent to the competent procuracy for consideration and approval.

A warrant for arrest of a person held in case of emergency must clearly state the full name and address of such person, reason and grounds for the holding as specified in Clause 1 of this Article, and the contents specified in Clause 2, Article 132 of this Code.”.

12. To amend and supplement Clause 1, Article 113 as follows:

“1. The following persons may issue warrants or decisions for arrest of the accused or defendants for temporary detention:

a/ Heads and Deputy Heads of investigation bodies at all levels; and investigators in the case specified in Clause 1a, Article 37 of this Code. In this case, arrest warrants shall be approved by competent procuracies in order to be executed;

b/ Chief Procurators and Deputy Chief Procurators of People’s Procuracies, and Chief Procurators and Deputy Chief Procurators of Military Procuracies at all levels;

c/ Chief Justices and Deputy Chief Justices of People’s Courts and Chief Justices and Deputy Chief Justices of Military Courts at all levels; judges holding the post of Presidents or Vice Presidents of the Appellate Courts of the Supreme People’s Court; and trial panels.”.

13. To add Clause 5 below Clause 4, Article 131 as follows:

“5. Case files shall be made in paper form or digitalized under regulations.

The Minister of Public Security shall assume the prime responsibility for, and coordinate with the Minister of National Defense, the Procurator General of the Supreme People’s Procuracy and the Chief Justice of the Supreme People’s Court in, detailing this Clause.”.

14. To add Clause 3 below Clause 2, Article 132 as follows:

“3. Signatures of procedural document issuers are hand-written signatures or digital signatures.

The Minister of Public Security shall assume the prime responsibility for, and coordinate with the Minister of National Defense, the Procurator General of the Supreme People’s Procuracy and the Chief Justice of the Supreme People’s Courts in, detailing this Clause.”.

14. To amend the title of, and add Clause 5 below Clause 4, Article 135 as follows:

a/ To amend the title of Article 135 as follows:

“Article 135. Costs in the criminal proceedings”;

b/ To add Clause 5 below Clause 4 as follows:

“5. The National Assembly Standing Committee shall specify legal costs and legal cost exemption or reduction during the process of settlement of cases.”.

16. To amend and supplement Point d, Clause 1, Article 137 as follows:

“d/ Announcement in the mass media or via digital platforms or shared-use application software installed at the National Data Center, or portals or websites of proceeding-conducting bodies.”.

17. To amend and supplement Article 141 as follows:

“Article 141. Procedures for announcement of procedural documents in the mass media, or via digital platforms or shared-use application software installed at the National Data Center, or portals or websites of proceeding-conducting bodies

1. Announcement of procedural documents in the mass media or via digital platforms or shared-use application software installed at the National Data Center, or portals or websites of proceeding-conducting bodies shall be carried out when the public posting thereof brings no results or in other cases specified by law.

2. Announcement in the mass media shall be published in a central daily for 3 consecutive issues and broadcast on a central radio or television for 3 times in 3 consecutive days.

The time limit for counting the procedural time limit is the date when the announcement is completed.

3. The Minister of Public Security shall assume the prime responsibility for, and coordinate with the Minister of National Defense, the Procurator General of the Supreme People’s Procuracy and the Chief Justice of the Supreme People’s Courts in, detailing this Clause.”.

18. To amend and supplement Clause 1, Article 149 as follows:

“1. When the reason for the suspension of processing of a crime denunciation  or reported information or a criminal case initiation proposal no longer exists, the investigation body, the body assigned to carry out a number of investigation activities or the procuracy shall issue a decision to resume the processing of such denunciation, information or proposal. The time limit for processing a crime denunciation or reported information or a criminal case initiation proposal is 1 month from the date of issuance of the resumption decision.”.

19. To amend and supplement Clause 2, Article 150 as follows:

“2. A dispute over the competence to process a crime denunciation or reported information or a criminal case initiation proposal among regional military investigation bodies of different military zones shall be settled by the military zone-level military procuracy that first received such denunciation, information or proposal.”.

20. To amend and supplement Points a and b, Clause 5, Article 163 as follows:

“a/ Provincial-level investigation bodies shall investigate criminal cases involving offenses falling under the jurisdiction of provincial-level People’s Courts or regional People’s Courts;

b/ Regional military investigation bodies shall investigate criminal cases involving offenses falling under the jurisdiction of regional Military Courts; military zone-level military investigation bodies shall investigate criminal cases involving offenses falling under the jurisdiction of military zone-level Military Courts or cases falling under the jurisdiction of regional-level investigation bodies which they deem it necessary to directly investigate;”.

21. To amend and supplement a number of clauses of Article 171 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. When necessary, an investigation body may entrust another investigation body to carry out a number of investigation activities. An investigation entrustment decision must clearly state specific requirements and shall be sent to the entrusted investigation body and a procuracy competent to exercise the right to prosecution and supervise the entrusted investigation activities.”;

b/ To amend and supplement Clause 3 as follows:

“3. The competent procuracy shall exercise the right to prosecution and supervise the entrusted investigation activities and shall immediately transfer the results thereof to the procuracy that has entrusted the exercise of such right.”.

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

“a/ For less serious crimes, regional People’s Procuracies or regional Military Procuracies may extend the investigation time limit. For cases received by provincial-level People’s Procuracies or military zone-level Military Procuracies for the exercise of the right to prosecution and for the supervision of investigation, such provincial-level People’s Procuracies or military zone-level Military Procuracies may extend the investigation time limit;

b/ For serious crimes, regional People’s Procuracies or regional Military Procuracies may extend the investigation time limit for the first time and the second time. For cases received by provincial-level People’s Procuracies or military zone-level Military Procuracies for the exercise of the right to prosecution and for the supervision of investigation, such provincial-level People’s Procuracies or military zone-level Military Procuracies may extend the investigation time limit for the first time and the second time;

c/ For very serious crimes, regional People’s Procuracies or regional Military Procuracies may extend the investigation time limit for the first time, while provincial-level People’s Procuracies or military zone-level Military Procuracies may extend the investigation time limit for the second time. For cases received by provincial-level People’s Procuracies or military zone-level Military Procuracies for the exercise of the right to prosecution and for the supervision of investigation, such provincial-level People’s Procuracies or military zone-level Military Procuracies may extend the investigation time limit for the first time and the second time;”.

23. To amend and supplement Point a, Clause 3, Article 173 as follows:

“a/ Regional People’s Procuracies or regional Military Procuracies may extend the time limit for temporary detention for less serious crimes, serious crimes and very serious crimes. For cases received by provincial-level People’s Procuracies or military zone-level Military Procuracies for the exercise of the right to prosecution and for the supervision of investigation, such provincial-level People’s Procuracies or military zone-level Military Procuracies may extend the time limit for temporary detention for less serious crimes, serious crimes and very serious crimes.

Provincial-level People’s Procuracies or military zone-level Military Procuracies may extend the time limit for temporary detention for the first time for particularly serious crimes;”.

24. To amend and supplement Clause 2, Article 193 as follows:

“2. In case of emergency, the competent persons specified in Clause 2, Article 110 of this Code may issue search warrants. Within 24 hours after the completion of a search, the issuer of a search warrant shall notify such in writing to the competent procuracy.”.

25. To amend and supplement Clause 2, Article 208 as follows:

“2. The time limit for expert assessment for other cases must comply with the Law on Judicial Assessment.”.

26. To amend and supplement Clause 1, Article 225 as follows:

“1. Heads of provincial-level investigation bodies, heads of military investigation bodies at the military zone level or higher level may issue, at their own discretion or at the request of Chief Procurators of provincial-level People’s Procuracies or Chief Procurators of Military Procuracies at the military zone level or higher level, decisions on application of special procedural investigation measures.

For cases accepted for investigation by regional military investigation bodies, heads of such investigation bodies shall request heads of military zone-level military investigation bodies to consider and decide on application of special procedural investigation measures.”.

27. To amend and supplement Article 233 as follows:

“Article 233. Investigation conclusions in case of proposing prosecution

1. In case of proposing prosecution, a written investigation conclusion must clearly describe the developments of the criminal act; evidence proving the criminal act of the accused, his/her tricks, motive and purpose of committing the offense, nature and extent of damage caused by the criminal act; the application, change or cancellation of the deterrent measure or coercive measure; circumstances aggravating or extenuating penal liability and personal identification characteristics of the accused; the confiscation or temporary seizure of documents and objects and the handling of material evidence; reasons and conditions for committing the criminal act and other circumstances significant to the criminal case; reasons and grounds for proposing prosecution; crimes, and applicable articles, clauses and points of the Penal Code; and recommendations on the settlement of the case.

The investigation conclusion must clearly state the date of making the conclusion; and full name, position and signature of its maker.

2. An investigation body may make investigation conclusions and propose prosecution against the accused when having sufficient grounds and guaranteeing his/her right to defense in accordance with this Code in the following cases:

a/ The accused has absconded or his/her whereabouts is unknown and the pursuit is in vain;

b/ The accused is residing abroad and cannot be summoned for investigation activities.

3. Within 2 days after issuing an investigation conclusion and proposing prosecution against the accused under Clause 2 of this Article, such investigation conclusion shall be publicly posted up unless it can be delivered to the accused.

4. The Minister of Public Security shall assume the prime responsibility for, and coordinate with the Minister of National Defense, the Procurator General of the Supreme People’s Procuracy and the Chief Justice of the Supreme People’s Court in, detailing Clauses 2 and 3 of this Article.”.

28. To amend and supplement Clause 1, Article 239 as follows:

“1. A procuracy that has exercised the right to prosecution and supervised the investigation may decide on prosecution. A procuracy’s competence to prosecute shall be determined in accordance with the jurisdiction of the court for a criminal case.

For a criminal case not falling under its competence to prosecute, a procuracy shall immediately issue a decision to transfer the case to a procuracy having such competence. The transfer of a case to a procuracy outside a province, city or military zone shall be decided by the provincial-level People’s Procuracy or military zone-level Military Procuracy.

For a criminal case in which a higher-level procuracy exercises the right to prosecution and supervision of investigation, such procuracy shall decide on prosecution. At least 2 months before the termination of investigation, the higher-level procuracy shall notify such to a subordinate procuracy at the same level with the court with the jurisdiction to conduct first-instance trial of the case for the latter to assign a procurator to study the case file. Immediately after deciding on prosecution, the higher-level procuracy shall issue a decision to assign the subordinate procuracy to exercise the right to prosecution and supervise the trial; after receiving the case file together with the indictment, the subordinate procuracy has the competence to exercise the right to prosecution and supervise the trial in accordance with this Code.”.

29. To amend and supplement Article 243 as follows:

“Article 243. Decisions to prosecute the accused

1. A procuracy shall decide to prosecute the accused before court by an indictment.

An indictment must clearly state the developments of the criminal act; evidence for determining the criminal act of the accused; his/her tricks, motive and purpose of the commission of the criminal act; nature and extent of damage caused by the criminal act; application, change or cancellation of deterrent measures or coercive measures; circumstances aggravating or extenuating penal liability, personal identification characteristics of the accused; the confiscation or temporary seizure of documents and objects and handling of material evidence; causes and conditions for committing the criminal act and other circumstances significant to the case.

The conclusion of an indictment must clearly state the crime committed and applicable articles, clauses and points of the Penal Code.

An indictment must clearly state the date of its issuance; and must bear the full name, position and signature of its issuer.

2. A procuracy may decide to prosecute the accused when having sufficient grounds and guaranteeing his/her right to defense in accordance with this Code in the following cases:

a/ The accused has absconded or his/her whereabouts is unknown and the pursuit is in vain;

b/ The accused is residing abroad and cannot be summoned for activities to be carried out for deciding on the prosecution.

3. Within 3 days after being made under Clause 2 of this Article, an indictment shall be publicly posted up unless it can be delivered to the accused.

4. The Procurator General of the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Minister of Public Security, the Minister of National Defense and the Chief Justice of the Supreme People’s Court in, detailing Clauses 2 and 3 of this Article.”.

30. To amend and supplement Clause 2, Article 262 as follows:

“2. Within 10 days after pronouncing a judgment or making a ruling, the appellate court shall send the appellate judgment or ruling to the same-level procuracy; the competent criminal judgment enforcement agency; the investigation body, the procuracy, and the court that has conducted the first-instance trial of the case; the detention camp or the prison where the defendant is incarcerated; the appellant, persons with interests or obligations related to the appeal or protest or their representatives; the competent civil judgment enforcement agency in case the appellate judgment imposes monetary fines, orders property confiscation and has civil rulings; and notify thereof in writing to the commune-level People’s Committee of the locality where the defendant resides or where the agency or organization in which the defendant works or studies is located. In case an Appellate Court of the Supreme People’s Court or the Central Military Court conducts the appellate trial, that time limit may be longer but must not exceed 25 days.”.

31. To amend and supplement Article 268 as follows:

“Article 268. Adjudicating jurisdiction of courts

1. Regional People’s Courts may conduct first-instance trial of criminal cases involving less serious crimes, serious crimes, very serious crimes and particularly serious crimes, for which the highest level of the penalty frame prescribed by the Penal Code is 20 years’ imprisonment.

2. Provincial-level People’s Courts may conduct first-instance trial of:

a/ Criminal cases involving offenses falling beyond the jurisdiction of regional People’s Courts;

b/ Criminal cases falling within the adjudicating jurisdiction of regional People’s Courts in which there are complicated circumstances related to multiple authorities and sectors or drawing special social concern; cases that, while being settled, might exert political and external impacts; cases in which offenders are key leaders at the provincial level or higher level, religious dignitaries, or highly prestigious persons in ethnic minority groups.

The Chief Justice of the Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Procurator General of the Supreme People’s Procuracy in, detailing this Point.

3. Regional Military Courts may conduct first-instance trial of criminal cases involving less serious crimes, serious crimes and very serious crimes, except:

a/ Offenses infringing upon the national security;

b/ Offenses undermining peace, offenses against the mankind and war crimes;

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

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

dd/ Criminal cases in which defendants, victims and involved parties are residing abroad or which involve assets located abroad.

4. Military zone-level Military Courts may conduct first-instance trial of:

a/ Criminal cases involving crimes falling beyond the jurisdiction of regional Military Courts:

b/ Criminal cases falling under the adjudicating jurisdiction of regional Military Courts but involving complicated circumstances that are hard to be evaluated and obtain an unanimity about the nature of the cases or related to multiple authorities or sectors; cases in which defendants are judges, inspectors, investigators, key leaders at the provincial level or higher level, regimental commanders and the equivalent or persons holding higher positions, religious dignitaries or highly prestigious people in ethnic minority groups.”.

32. To amend and supplement Clause 2, Article 269 as follows:

“2. For a defendant committing an offense abroad, if he/she is tried in Vietnam, the People’s Court of the locality where he/she last resided in the country shall try him/her according to its jurisdiction. If it is impossible to identify the locality where the defendant last resided in the country, the Chief Justice of the Supreme People’s Court shall, on a case-by-case basis, issue a decision to assign a regional People’s Court of the People’s Court of Hanoi city, Da Nang city or Ho Chi Minh City or assign the People’s Court of Hanoi city, Da Nang city or Ho Chi Minh City to try him/her.

For a defendant committing an offense abroad, if he/she falls under the adjudicating jurisdiction of a Military Court, he/she shall be tried by a military zone-level Military Court under a decision of the Chief Justice of the Central Military Court.”.

33. To amend and supplement Point a, Clause 2, Article 290 as follows:

“a/ He/she has absconded or his/her whereabouts is unknown and the pursuit is in vain;”.

34. To amend and supplement Clauses 1 and 2, Article 344 as follows:

“1. Provincial-level People’s Courts have the jurisdiction to conduct appellate trial with regard to judgments and rulings of regional People’s Courts that are appealed or protested against.

2. The Appellate Courts of the Supreme People’s Court have the jurisdiction to conduct appellate trial with regard to judgments and rulings of provincial-level People’s Courts that are appealed or protested against.”.

35. To amend and supplement Clauses 1 and 2, Article 346 as follows:

“1. A provincial-level People’s Court or military zone-level Military Court shall open an appellate hearing within 60 days after receiving a case file; in case of trial of a case involving a particularly serious crime for which the highest level of the penalty frame is 20 years’imprisonment, the time limit for opening an appellate hearing is 90 days after the receipt of a case file.

An Appellate Court of the Supreme People’s Court or the Central Military Court shall open an appellate hearing within 90 days after receiving a case file.

2. Within 45 days, for a provincial-level People’s Court or military zone-level Military Court, or 75 days, for an Appellate Court of the Supreme People’s Court or the Central Military Court, after accepting a case, the presiding judge of the hearing shall issue one of the following decisions:

a/ Decision to cease the appellate trial;

b/ Decision to bring the case for appellate trial.”.

36. To amend and supplement Clauses 1 and 2, Article 347 as follows:

“1. After accepting a case, the Appellate Court may decide to apply, change or cancel deterrent measures and coercive measures.

The application, change or cancellation of the measure of temporary detention shall be decided by the chief justice or deputy chief justice of the court; or by the judge holding the post of President or Vice President of an Appellate Court of the Supreme People’s Court. The application, change or cancellation of other deterrent measures and coercive measures shall be decided by the presiding judge of the hearing.

2. The time limit for temporary detention for trial preparation must not exceed the time limit for appellate trial preparation specified in Article 346 of this Code.

If the time limit for temporary detention of a defendant has not expired and it is deemed necessary to continue to his/her temporary detention, the Appellate Court shall apply the time limit for temporary detention under the temporary detention decision of the first-instance court. If the time limit for temporary detention of the defendant stated in the temporary detention decision of the first-instance court has expired, the chief justice or deputy chief justice of the court or the judge holding the post of President or Vice President of the Appellate Court of the Supreme People’s Court shall issue a new decision on temporary detention.

For a defendant in temporary detention, if deeming it necessary to continue his/her temporary detention to complete the trial, the trial panel shall make a ruling to temporarily detain him/her until the hearing is over.”.

37. To amend and supplement Clause 2, and add Clause 3 below Clause 2, Article 352 as follows:

“2. The time limit for postponement of an appellate hearing must comply with Clause 2, Article 297 of this Code.

3. A decision to postpone an appellate hearing shall be signed by the presiding judge on behalf of the trial panel. In case the presiding judge is absent or has been replaced, the chief justice of the court or the judge holding the post of President of an Appellate Court of the Supreme People’s Court shall sign the hearing postponement decision.

The hearing postponement decision shall be immediately notified to proceeding participants who are present at the hearing; and sent within 2 days after it is issued to the same-level procuracy and persons who are absent from the hearing.”.

38. To amend and supplement a number of points and clauses of Article 367 as follows:

a/ To amend and supplement Point e, Clause 1 as follows:

“e/ If the convict sends a petition for commutation to the President, the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy shall submit his/her opinions to the President on the consideration of the petition. In case the President decides on the commutation, the chief justice of the court that has conducted the first-instance trial shall issue a decision to convert death penalty into life imprisonment for the convict. Past 1 year from the date of receipt of opinions of the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy, if the President makes no decision on the commutation, the competent agency shall immediately notify the fact that there is no commutation decision of the President for the chief justice of the court that has conducted the first-instance trial to organize the execution of death penalty under regulations.”;

b/ To add Clause 3 below Clause 2 as follows:

“3. The Chief Justice of the Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Procurator General of the Supreme People’s Procuracy, the Minister of Public Security and the Minister of National Defense in, detailing this Article.”.

39. To amend and supplement Clause 2, Article 372 as follows:

“2. Military zone-level Military Courts shall inspect legally effective judgments and rulings of regional Military Courts in order to discover violations and propose the Chief Justice of the Central Military Court to consider filing protests.”.

40. To amend and supplement a number of clauses of Article 373 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. The Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy may file protests according to the cassation procedures against legally effective judgments and rulings of the Appellate Courts of the Supreme People’s Court and provincial-level People’s Courts; and against legally effective judgments and rulings of other courts when deeming it necessary, except rulings of the Council of Justices of the Supreme People’s Court.”;

b/ To amend and supplement Clause 3 as follows:

“3. Chief Justices of provincial-level People’s Courts and Chief Procurators of provincial-level People’s Procuracies may file protests according to the cassation procedures against legally effective judgments and rulings of regional People’s Courts within provinces or cities.”.

41. To amend and supplement Article 382 as follows:

“Article 382. Jurisdiction to conduct cassation trial

1. The Council of Justices of the Supreme People’s Court shall conduct cassation trial through a five-judge trial panel with regard to legally effective judgments and rulings of the Appellate Courts of the Supreme People’s Court, provincial-level People’s Courts or the Central Military Court that are protested against.

2. The Plenary Panel of the Council of Justices of the Supreme People’s Court shall conduct cassation trial with regard to the legally effective judgments and rulings specified in Clause 1 of this Article that are complicated or the judgments and rulings that have been reviewed by the Council of Justices of the Supreme People’s Court according to the cassation procedures through a trial panel composed of five judges who could not reach agreement on a decision on the settlement of the case.

Cassation trial conducted by the Plenary Panel of the Council of Justices of the Supreme People’s Court shall be participated by at least two-thirds of total members of the Plenary Panel, with the Chief Justice of the Supreme People’s Court presiding over the hearing. The decision of the Plenary Panel of the Council of Justices of the Supreme People’s Court shall be voted for by more than half of total members of the Plenary Panel, otherwise, the hearing shall be postponed. Within 30 days after issuing the decision to postpone the hearing, the Plenary Panel of the Council of Justices of the Supreme People’s Court shall open a hearing to retry the case.

3. The Judicial Committee of the Central Military Court shall conduct cassation trial with regard to legally effective judgments and rulings of military zone-level Military Courts or regional Military Courts that are protested against. Cassation trial shall be participated by at least two-thirds of total members of the Judicial Committee of the Central Military Court, with the Chief Justice of the Central Military Court presiding over the hearing. The decision of the Judicial Committee shall be voted for by more than half of total members of the Judicial Committee, otherwise, the hearing shall be postponed. Within 30 days after issuing the decision to postpone the hearing, the Judicial Committee shall open a hearing to retry the case.

4. The Judicial Committee of a provincial-level People’s Court shall conduct cassation trial with regard to legally effective judgments and rulings of the regional People’s Court that are protested against. Cassation trial shall be participated by at least two-thirds of total members of the Judicial Committee of the provincial-level People’s Court, with the Chief Justice of the provincial-level People’s Court presiding over the hearing. The decision of the Judicial Committee shall be voted for by more than half of total members of the Judicial Committee, otherwise, the hearing shall be postponed. Within 30 days after issuing the decision to postpone the hearing, the Judicial Committee shall open a hearing to retry the case.

5. If a legally effective judgment or ruling that is protested against falls under the jurisdiction to conduct cassation trial of courts at different levels, the Council of Justices of the Supreme People’s Court shall conduct cassation trial of the whole case.”.

42. To amend and supplement Clause 3, Article 400 as follows:

“3. Chief Procurators of provincial-level People’s Procuracies may file protests according to the reopening procedures against legally effective judgments and rulings of regional People’s Courts within provinces or cities.”.

43. To amend and supplement Clauses 2 and 3, Article 474 as follows:

“2. Chief procurators of procuracies shall settle complaints about procedural decisions and acts in the holding of persons in case of emergency, arrest, holding in custody or temporary detention of persons at the stage of investigation or prosecution. Within 24 hours after receiving such complaints, the bodies or persons competent to hold persons in case of emergency, arrest persons, and hold persons in custody or temporary detention shall immediately transfer to the procuracies exercising the right to prosecution and supervising the investigation of cases or matters of complaints of the persons who are held in case of emergency, arrested, held in custody or temporarily detained.

Complaints about procedural decisions and acts of heads or deputy heads of investigation bodies, investigators, investigation officers, procurators, controllers, and persons assigned to carry out a number of investigation activities in the holding of persons in case of emergency, arrest, holding in custody or temporary detention of persons shall be settled by chief procurators of procuracies.

Complaints about procedural decisions and acts of deputy chief procurators of procuracies in the arrest, holding in custody or temporary detention of persons shall be settled by chief procurators of such procuracies.

If disagreeing with a complaint settlement decision of the chief procurator of the procuracy, within 3 days after receiving such decision, the complainant may file a complaint with the chief procurator of the immediate higher-level procuracy. Within 7 days after receiving the complaint, the chief procurator of the immediate higher-level procuracy shall consider and settle the complaint. The complaint settlement decision of the chief procurator of the immediate higher-level procuracy is legally effective.

A complaint about a procedural decision or act of the chief procurator of a procuracy in the arrest, holding in custody or temporary detention of a person shall be considered and settled by the chief procurator of the immediate higher-level procuracy. Within 7 days after receiving the complaint, the chief procurator of the immediate higher-level procuracy shall consider and settle the complaint. The complaint settlement decision of the chief procurator of the immediate higher-level procuracy is legally effective.

3. The court shall settle complaints about decisions on arrest or temporary detention of persons at the stage of trial.

A complaint about a procedural decision or act of a deputy chief justice in the arrest or temporary detention of a person shall be considered and settled by the chief justice of the court. If disagreeing with the complaint settlement decision of the chief justice, within 3 days after receiving such decision, the complainant may file a complaint with the chief justice of the immediate higher-level court. Within 7 days after receiving the complaint, the chief justice of the immediate higher-level court shall consider and settle it. The complaint settlement decision of the chief justice of the immediate higher-level court is legally effective.

A complaint about a procedural decision or act of the chief justice of a court in the arrest or temporary detention of a person shall be considered and settled by the chief justice of the immediate higher-level court. Within 7 days after receiving the complaint, the chief justice of the immediate higher-level court shall consider and settle it. The complaint settlement decision by the chief justice of the immediate higher-level court is legally effective.

A complaint about a procedural decision or act of the judge holding the post of Vice President of an Appellate Court of the Supreme People’s Court in the arrest or temporary detention of a person shall be considered and settled by the President of the Appellate Court of the Supreme People’s Court. If disagreeing with the complaint settlement decision of the President of the Appellate Court of the Supreme People’s Court, within 3 days after receiving such decision, the complainant may file a complaint with the Chief Justice of the Supreme People’s Court. Within 7 days after receiving the complaint, the Chief Justice of the Supreme People’s Court shall consider and settle it. The complaint settlement decision of the Chief Justice of the Supreme People’s Court is legally effective.

A complaint about a procedural decision or act of the judge holding the post of President of an Appellate Court of the Supreme People’s Court in the arrest or temporary detention of a person shall be considered and settled by the Chief Justice of the Supreme People’s Court. Within 7 days after receiving the complaint, the Chief Justice of the Supreme People’s Court shall consider and settle it. The complaint settlement decision of the Chief Justice of the Supreme People’s Court is legally effective.”.

44. To amend and supplement Clause 1, Article 475 as follows:

“1. A complaint about a procedural decision or act of an investigator, an investigation officer, or a deputy head of an investigation body, except complaints about the holding of persons in case of emergency, arrest, holding in custody or temporary detention of persons, shall be considered and settled by the head of the investigation body within 7 days after receiving it. If disagreeing with the complaint settlement decision of the head of the investigation body, within 3 days after receiving such decision, the complainant may file a complaint with the chief procurator of the competent procuracy. Within 7 days after receiving the complaint, the chief procurator of the competent procuracy shall consider and settle it. The complaint settlement decision of the chief procurator of the competent procuracy is legally effective.

A complaint about a procedural decision or act of the head of an investigation body or about a procedural decision of an investigation body which has been approved by a procuracy shall be settled by the chief procurator of the competent procuracy within 7 days after receiving it. If disagreeing with the complaint settlement decision of the chief procurator of the competent procuracy, within 3 days after receiving such decision, the complainant may file a complaint with the chief procurator of the immediate higher-level procuracy. Within 15 days after receiving the complaint, the chief procurator of the immediate higher-level procuracy shall consider and settle it. The complaint settlement decision of the chief procurator of the immediate higher-level procuracy is legally effective.”.

45. To amend and supplement Article 476 as follows:

“Article 476. Competence and time limit for settling complaints about procurators, controllers, deputy chief procurators and chief procurators of procuracies, and the Deputy Directors and Directors of the Prosecution and Appellate Trial Supervision Offices of the Supreme People’s Procuracy 

1. A complaint about a procedural decision or act of a procurator, controller or deputy chief procurator of a procuracy shall be considered and settled by the chief procurator of the procuracy within 7 days after receiving it. If disagreeing with the complaint settlement decision of the chief procurator of the procuracy, within 3 days after receiving such decision, the complainant may file a complaint with the immediate higher-level procuracy. Within 15 days after receiving the complaint, the immediate higher-level procuracy shall consider and settle it. The complaint settlement decision of the chief procurator of the immediate higher-level procuracy is legally effective.

2. A complaint about a procedural decision or act of the chief procurator of a procuracy shall be considered and settled by the immediate higher-level procuracy within 15 days after receiving it. The complaint settlement decision of the chief procurator of the immediate higher-level procuracy is legally effective.

3. A complaint about a procedural decision or act of a Deputy Procurator General of the Supreme People’s Procuracy, a procurator or controller working at the Supreme People’s Procuracy, a procurator or controller working at the Central Military Procuracy, or a Deputy Chief Procurator of the Central Military Procuracy shall be considered and settled by the Procurator General of the Supreme People’s Procuracy or the Chief Procurator of the Central Military Procuracy within 15 days after receiving it. The complaint settlement decision of the Procurator General of the Supreme People’s Procuracy or the Chief Procurator of the Central Military Procuracy is legally effective.

A complaint about a procedural decision or act of a procurator or controller, or a Deputy Director of the Prosecution and Appellate Trial Supervision Office shall be considered and settled by the Director of the Prosecution and Appellate Trial Supervision Office within 7 days after receiving it. If disagreeing with the complaint settlement decision of the Director of the Prosecution and Appellate Trial Supervision Office, within 3 days after receiving such decision, the complainant may file a complaint with the Procurator General of the Supreme People’s Procuracy. Within 15 days after receiving the complaint, the Procurator General of the Supreme People’s Procuracy shall consider and settle it. The complaint settlement decision of the Procurator General of the Supreme People’s Procuracy is legally effective.

A complaint about a procedural decision or act of the Director of the Prosecution and Appellate Trial Supervision Office shall be considered and settled by the Procurator General of the Supreme People’s Procuracy within 15 days after receiving it. The complaint settlement decision of the Procurator General of the Supreme People’s Procuracy is legally effective.”.

46. To amend and supplement Article 477 as follows:

“Article 477. Competence and time limit for settling complaints about judges, court clerks, evaluators, deputy chief justices and chief justices of courts, and Vice Presidents and Presidents of the Appellate Courts of the Supreme People’s Court 

1. A complaint about a procedural decision or act of a judge, court clerk, evaluator or Deputy Chief Justice of a regional People’s Court or regional Military Court before the opening of a hearing shall be settled by the Chief Justice of such regional People’s Court or the Chief Justice of such regional Military Court within 7 days after receiving it.

If disagreeing with the complaint settlement decision of the Chief Justice of the regional People’s Court or of the Chief Justice of the regional Military Court, within 3 days after receiving such decision, the complainant may file a complaint with the Chief Justice of the provincial-level People’s Court or the Chief Justice of the military zone-level Military Court. Within 15 days after receiving such complaint, the Chief Justice of the provincial-level People’s Court or the Chief Justice of the military zone-level Military Court shall consider and settle it. The complaint settlement decision of the Chief Justice of the provincial-level People’s Court or the Chief Justice of the military zone-level Military Court is legally effective.

A complaint about a procedural decision or act of the Chief Justice of a regional People’s Court or of the Chief Justice of a regional Military Court before the opening of a hearing shall be considered and settled by the Chief Justice of the provincial-level People’s Court or the Chief Justice of the military zone-level Military Court within 15 days after receiving it. The complaint settlement decision of the Chief Justice of the provincial-level People’s Court or of the Chief Justice of the military zone-level Military Court is legally effective.

2. A complaint about a procedural decision or act of a judge, court clerk, evaluator or a deputy chief justice of a provincial-level People’s Court or military zone-level Military Court before the opening of a hearing shall be settled by the Chief Justice of the provincial-level People’s Court or the Chief Justice of the military zone-level Military Court within 7 days after receiving it. If disagreeing with the complaint settlement decision of the Chief Justice of the provincial-level People’s Court or the Chief Justice of the military zone-level Military Court, within 3 days after receiving such decision, the complainant may file a complaint with the Chief Justice of the Supreme People’s Court or the Chief Justice of the Central Military Court for consideration and settlement within 15 days. The complaint settlement decision of the Chief Justice of the Supreme People’s Court or of the Chief Justice of the Central Military Court is legally effective.

A complaint about a procedural decision or act of the Chief Justice of a provincial-level People’s Court or of the Chief Justice of a military zone-level Military Court shall be considered and settled by the Chief Justice of the Supreme People’s Court or the Chief Justice of the Central Military Court within 15 days after receiving it. The complaint settlement decision of the Chief Justice of the Supreme People’s Court or the Chief Justice of the Central Military Court is legally effective.

3. A complaint about a procedural decision or act of a judge of the Supreme People’s Court, a judge, court clerk or evaluator working at the Supreme People’s Court, a Deputy Chief Justice of the Supreme People’s Court, a judge, court clerk or evaluator working at the Central Military Court, or of a Deputy Chief Justice of the Central Military Court shall be considered and settled by the Chief Justice of the Supreme People’s Court or the Chief Justice of the Central Military Court within 15 days after receiving it. The complaint settlement decision of the Chief Justice of the Supreme People’s Court or the Chief Justice of the Central Military Court is legally effective.

A complaint about a procedural decision or act of a judge, court clerk, evaluator or Vice President of an Appellate Court of the Supreme People’s Court before the opening of a hearing shall be settled by the President of the Appellate Court of the Supreme People’s Court within 7 days after receiving it. If disagreeing with the complaint settlement decision of the President of the Appellate Court of the Supreme People’s Court, within 3 days after receiving such decision, the complainant may file a complaint with the Chief Justice of the Supreme People’s Court for consideration and settlement within 15 days. The complaint settlement decision of the Chief Justice of the Supreme People’s Court is legally effective.

A complaint about a procedural decision or act of the President of an Appellate Court of the Supreme People’s Court shall be settled by the Chief Justice of the Supreme People’s Court within 15 days after receiving it. The complaint settlement decision of the Chief Justice of the Supreme People’s Court is legally effective.”.

47. To amend and supplement Clause 1, Article 481 as follows:

“1. A denunciation about a violation committed by a person competent to conduct the proceedings of a body competent to conduct the proceedings shall be settled by the head of such body.

If the denounced person is the head of an investigation body or the chief procurator of a procuracy, the head of the immediate higher-level investigation body or the chief procurator of the immediate higher-level procuracy is competent to settle the denunciation.

If the denounced person is the Chief Justice of a regional People’s Court or the Chief Justice of a regional Military Court, the Chief Justice of the provincial-level People’s Court or the Chief Justice of the military zone-level Military Court is competent to settle the denunciation.

If the denounced person is the Chief Justice of a provincial-level People’s Court or the Chief Justice of a military zone-level Military Court, the Chief Justice of the Supreme People’s Court or the Chief Justice of the Central Military Court is competent to settle the denunciation.

If the denounced person is the Chief Justice of the Central Military Court, the Chief Justice of the Supreme People’s Court is competent to settle the denunciation.

A denunciation about a procedural act of a person assigned to carry out a number of investigation activities shall be considered and settled by the procuracy exercising the right to prosecution and supervising the investigation.”.

48. To amend and supplement Clause 1, Article 483 as follows:

“1. Competent procuracies and superior procuracies shall supervise the settlement of complaints and denunciations by investigation bodies, bodies assigned to carry out a number of investigation activities, and courts.”.

49. To amend and supplement Point a, Clause 2, Article 485 as follows:

“a/ Heads and deputy heads of the investigation bodies of the People’s Public Security forces, and the investigators falling into the case specified in Clause 1a, Article 37 of this Code are competent to issue decisions on the application of protection measures for protection-eligible persons in criminal matters or cases which are accepted, settled or investigated by their bodies or at the proposal of competent People’s Procuracies or People’s Courts or at the proposal of the Supreme People’s Procuracy;”.

50. To amend and supplement Clause 3, Article 487 as follows:

“3. When conducting the proceedings for a matter or a case, the body assigned to carry out a number of investigation activities, the procuracy or the court receiving a request or proposal for the application of protection measures shall consider it and request the same-level investigation body to consider and apply such measures. If the regional People’s Procuracy or the regional People’s Court receives a request or proposal for the application of protection measures, it shall request the provincial-level investigation body to consider and decide on the application of protection measures.”.

51. To amend and supplement a number of clauses of Article 501 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Within 30 days after receiving a request from a foreign authority for the execution of a criminal judgment or ruling of a foreign court against a Vietnamese citizen whose extradition is refused, the regional People’s Court that has issued the extradition refusal decision shall consider such request.”;

b/ To amend and supplement Clauses 5, 6 and 7 as follows:

“5. Within 10 working days after issuing a decision to permit or not to permit the execution of a criminal judgment or ruling of a foreign court, the regional People’s Court shall send such decision to the person subject to the execution, the same-level People’s Procuracy and the Ministry of Public Security for implementation.

The person subject to the execution of the criminal judgment or ruling of the foreign court may file an appeal, and the same-level People’s Procuracy may file a protest within 15 days, or the provincial-level People’s Procuracy may file a protest within 30 days, after the regional People’s Court issues the decision.

The regional People’s Court shall send the file enclosed with the appeal or protest to the provincial-level People’s Court within 7 days after the expiration of the time limit for appeal or protest filing.

6. Within 20 days after receiving a file requesting consideration of a request for the execution of a criminal judgment or ruling of a foreign court that is appealed or protested against, the provincial-level People’s Court shall hold a meeting to consider the decision of the regional People’s Court that is appealed or protested against.

Procedures for considering appeals or protests against decisions of regional People’s Courts must comply with this Article.

7. A decision on the execution of a legally effective criminal judgment or ruling of a foreign court against a Vietnamese citizen in Vietnam may be:

a/ A decision of a regional People’s Court that is not appealed or protested against;

b/ A decision of a provincial-level People’s Court.”.

52. To amend and supplement Clause 3, Article 502 as follows:

“3. Chief Justices and Deputy Chief Justices of regional People’s Courts and Chief Justices and Deputy Chief Justices of provincial-level People’s Courts may decide on the application of the deterrent measures specified in Clause 1 of this Article. Judges presiding over meetings to consider extradition requests may decide on the application of the measure of ban on leaving place of residence or the measure of depositing of money to secure the appearance of persons subject to the extradition at these meetings.”.

53. To amend and supplement Clause 2, Article 503 as follows:

“2. The duration of temporary detention for consideration of an extradition request must not exceed the duration stated in the arrest warrant issued by the competent authority of the extradition-requesting country or not exceed the imprisonment term or the remaining imprisonment term to be served as stated in the criminal judgment or ruling of the court of the extradition-requesting country.

When necessary, the regional People’s Court or the provincial-level People’s Court may send a written request to a competent authority of the extradition-requesting country for the latter to issue a temporary detention order or decision or to extend the duration of temporary detention of the person subject to the extradition in order to ensure the consideration of the extradition request. Such request shall be sent through the Ministry of Public Security.”.

54. To add Article 506a below Article 506 as follows:

“Article 506a. Holding of persons in case of emergency before an extradition request is made

Holding of persons in case of emergency before an extradition request is issued by the foreign authority must comply with treaties to which the Socialist Republic of Vietnam is a contracting party and the law on extradition.”.

55. To add the phrase “The superintendent of the division of the detention camp” after the phrase “the head of the custody house” in Clause 2, Article 134; Clause 1, Article 332, and Clause 3, Article 333; to add the phrase “or has full cognitive ability or behavioral control ability” after the phrase “has recovered from the illness” in Clause 2, Article 454.

56. To replace the phrase “public security agency of a commune, ward or township” in Clause 3, Article 111; Clause 3, Article 112; and Clause 3, Article 146 with the phrase “commune-level public security agency”.

57. To replace the phrase “same-level procuracy” in Clause 2, Article 114; Clause 5, Article 119; Clause 4, Article 121; Clause 3, Article 122; Clause 2, Article 124; Clauses 2 and 4, Article 128; Clauses 2 and 4, Article 129; Clause 3, Article 152; Clause 1, Article 169; Clause 3, Article 170; Clause 3, Article 179; Clause 3, Article 180; Clause 1, Article 189; Clause 1, Article 190; Clause 1, Article 191; Clause 3, Article 193; Clauses 1 and 2, Article 197; Clause 2, Article 198; Clause 2, Article 201; Clause 1, Article 202; Clause 2, Article 204; Clause 3, Article 229; Clauses 2 and 3, Article 231; Clause 4, Article 232; Articles 235 and 439; Clause 1, Article 449; and Clause 2, Article 457 with the phrase “competent procuracy”.

58. To replace the phrase “superior people’s procuracy” in Clause 1, Article 341 with the phrase “the Supreme People’s Procuracy”.

59. To replace the phrase “administration of the commune, ward or township” in Clause 2, Article 113; Article 116; Clause 6, Article 119; Clause 1, Article 120; Clause 2, Article 121; Clauses 5 and 6, Article 123; Clause 4, Article 128; Clauses 2 and 3, Article 138; Clause 2, Article 182; Point a, Clause 3, Article 185; Clauses 1, 2 and 3, Article 195; Clause 1, Article 198; Clause 4, Article 202; Clause 1, Article 262; Clause 8, Article 368; Clause 2, Article 369; Clause 2, Article 395; Point b, Clause 3, Article 437; and Clause 2, Article 440 with the phrase “commune-level People’s Committee”.

60. To replace the phrase “local administration” at Point c, Clause 1, Article 90 with the phrase “People’s Committee”.

61. To replace the phrase “People’s Committee of the commune, ward or township” in Clause 2, Article 140; Clause 1, Article 262; and Clause 1, Article 268 with the phrase “commune-level People’s Committee”.

62. To replace the phrase “district-level People’s Courts” in Clauses 1 and 2, Article 275 with the phrase “regional People’s Courts”; and to replace the phrase “provincial-level People’s Courts” in Clauses 1 and 2, Article 452 with the phrase “regional People’s Courts”.

63. To replace the phrase “recovers from the illness” in Clause 1, Article 290; and Clause 2, Article 452 with the phrase “there is a conclusion that he/she has recovered from the illness or that he/she has full cognitive ability or behavioral control ability”; to replace the phrase “establishments for compulsory mental disease treatment” in Clauses 1 and 2, Article 454 with the phrase “medical examination and treatment establishments”; to replace the phrase “establishments for compulsory medical treatment” in Clause 3, Article 454 with the phrase “medical examination and treatment establishments”.

64. To replace the phrase “criminal judgment enforcement body of the district-level public security agency” in Clause 3, Article 364; and Clauses 8, 9 and 10, Article 368 with the phrase “criminal judgment enforcement body of the provincial-level public security agency”.

65. To replace the phrase “the Judicial Affairs Committee of the National Assembly” in Clauses 1 and 3, Article 404; Clauses 1 and 2, Article 405; Article 406; Clauses 2, 3 and 5, Article 407; Article 408; Point a, Clause 2, Article 411; and Article 412 with the phrase “the Legal and Judicial Affairs Committee of the National Assembly”.

66. To replace the word “superior” in Clauses 2 and 3, Article 380 with the phrase “provincial-level”.

67. To replace the phrase “same-level investigation body” in Clause 1, Article 262 with the phrase “competent investigation body”.

68. To replace the phrase “centrally run cities” at Points b, dd and h, Clause 3, Article 4; Point c, Clause 5, Article 163; in Clause 2, Article 169; Clause 1, Article 274; and Clauses 1 and 2, Article 275 with the phrase “cities”.

69. To remove the phrase “same-level procuracy or” in Clause 4, Article 117; Clause 2, Article 118; Clause 5, Article 146; the second paragraph of Clause 2, Article 147; Clause 2, Article 148; Clause 2, Article 149; Clause 2, Article 156; and Clause 1, Article 158.

70. To remove the phrase “the chief procurator of the same-level procuracy or” in the first paragraph of Clause 2, Article 147; and Clause 4, Article 481.

Article 2. Effect

This Law takes effect on July 1, 2025.

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

Chairman of the National Assembly
TRAN THANH MAN