Resolution No. 110/2015/QH13 dated November 27, 2015 of the National Assembly on the implementation of the Criminal Procedure Code

ORDER

On the promulgation of resolution of
the National Assembly[1]

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Resolution on the implementation of the Criminal Procedure Code,

which was adopted on November 27, 2015, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 10^thsession.

President of the Socialist Republic of Vietnam
TRUONG TAN SANG

RESOLUTION

On the implementation of the Criminal Procedure Code[2]

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the Constitution of the Socialist Republic of Vietnam,

RESOLVES:

Article 1.

From the effective date (July 1, 2016) of Criminal Procedure Code No. 101/2015/QH13 (below referred to as the 2015 Criminal Procedure Code):

1. For cases which have been accepted or are being settled by investigating bodies, bodies assigned to carry out a number of investigation activities, procuracies or courts according to their competence or jurisdiction provided in Criminal Procedure Code No. 19/2003/QH11 (below referred to as the 2003 Criminal Procedure Code) by July 1, 2016, the settling competence or jurisdiction shall continue complying with the 2003 Criminal Procedure Code until complete settlement of these cases, while other issues must comply with the 2015 Criminal Procedure Code;

2. For offense denunciations, information about offenses and criminal case initiation proposals which are under examination and verification by July 1, 2016, the time limit for their settlement must comply with the 2015 Criminal Procedure Code;

3. For the accused and defendants who are in temporary detention in accordance with the 2003 Criminal Procedure Code but, by July 1, 2016, are not subject to temporary detention in accordance with the 2015 Criminal Procedure Code or whose temporary detention period is longer than that prescribed in the 2015 Criminal Procedure Code, the procuracy or court shall decide to cancel the measure of temporary detention or replace it with another deterrent measure in accordance with the 2015 Criminal Procedure Code;

4. For criminal cases which are being investigated by bodies assigned to carry out a number of investigation activities by July 1, 2016, the time limit for their investigation must comply with the 2015 Criminal Procedure Code;

5. For criminal cases which are being investigated, prosecuted or tried according to the summary procedures and of which investigation has not yet been completed, or no prosecution decision or decision to bring them for first-instance trial has been issued yet  by July 1, 2016, the time limit for their investigation, prosecution or trial must comply with the 2015 Criminal Procedure Code.

For first-instance judgments which have not yet become legally effective, are appealed or protested against before July 1, 2016, fall into the case specified in Clause 2, Article 456 of the 2015 Criminal Procedure Code, and may be reviewed only on or after July 1, 2016, they shall be reviewed according to the summary procedures prescribed by the 2015 Criminal Procedure Code;

6. For criminal cases which have been tried according to the first-instance procedures in accordance with the 2003 Criminal Procedure Code and are appealed or protested against before July 1, 2016, and may be brought for appellate trial only on or after July 1, 2016, they shall be tried in accordance with the 2015 Criminal Procedure Code.

For the court’s judgments or rulings which have become legally effective in accordance with the 2003 Criminal Procedure Code, if they are protested against according to the cassation or reopening procedures before July 1, 2016, and their protests remain unsettled, or if they are protested against according to the cassation or reopening procedures on or after July 1, 2016, they shall be reviewed in accordance with the 2015 Criminal Procedure Code;

7. Persons who have been granted defense counsel certificates in accordance with the 2003 Criminal Procedure Code may continue using their certificates until they finish the defense;

8. The court shall continue applying the current regulations on court fees, fees and other procedural expenses until new regulations are issued by competent agencies.

Article 2.

1. To assign the Government to allocate funds to ensure the implementation of the provisions on appointment of defense counsels, audio-recording or audio-visual recording of interrogations of the accused, duplication and digitalization of documents in the files of criminal cases, judicial assessment and investigation, prosecution, trial and judgment execution activities.

To assign the Minister of Public Security to assume the prime responsibility for, and coordinate with the Minister of National Defense, Procurator General of the Supreme People’s Procuracy and Chief Justice of the Supreme People’s Court in, guiding the order and procedures for the audio-recording and audio-visual recording of interrogations of the accused; use, preservation and archive of audio records and audio-visual records of the accused’s interrogations during investigation, prosecution and trial.

To assign the Minister of Public Security to assume the prime responsibility for, and coordinate with the Procurator General of the Supreme People’s Procuracy, Chief Justice of the Supreme People’s Court, Minister of National Defense, Minister of Planning and Investment, Minister of Finance and Minister of Home Affairs in, formulating a scheme on physical foundations, apparatus, personnel and specific roadmap for audio-recording or audio-visual recording of interrogations of the accused in accordance with the 2015 Criminal Procedure Code.

To assign the Minister of Public Security to decide on specific locations with sufficient conditions for audio-recording or audio-visual recording of interrogations of the accused from July 1, 2016. By January 1, 2019 at the latest, the audio-recording or audio-visual recording of interrogations of the accused shall be uniformly conducted nationwide.

2. To assign the Government, Supreme People’s Court and Supreme People’s Procuracy to review, within the ambit of their functions, tasks and powers, on their own or in coordination with concerned agencies existing legal documents detailing and guiding the implementation of the 2003 Criminal Procedure Code in order to annul, amend or supplement them or issue new ones; to propose the National Assembly, National Assembly Standing Committee and concerned agencies to annul, amend or supplement existing legal documents detailing and guiding the implementation of the 2003 Criminal Procedure Code or issue new ones to comply with the 2015 Criminal Procedure Code.

3. The Government, Supreme People’s Court and Supreme People’s Procuracy shall, within the ambit of their functions, tasks and powers, expeditiously strengthen their organizational apparatuses, cadres, civil servants and physical foundations; supplement, professionally train and retrain cadres and civil servants of investigating bodies, people’s courts, people’s procuracies, judgment enforcement bodies and judicial assistance bodies; add other necessary conditions to ensure the settlement of criminal cases and execution of criminal judgments when the 2015 Criminal Procedure Code takes effect; and coordinate with the Central Committee of the Vietnam Fatherland Front and its member organizations in widely disseminating the 2015 Criminal Procedure Code among their cadres, civil servants and public employees as well as the People in order to maximize the effect of this Code in the crime prevention and combat.

Article 3.

The Government, Supreme People’s Procuracy and Supreme People’s Court shall implement and guide the implementation of this Resolution.

This Resolution was adopted on November 27, 2015, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 10^thsession.-

Chairman of the National Assembly
NGUYEN SINH HUNG