Luật sửa đổi Bộ luật Tố tụng hình sự 2025

LAW

AMENDMENTS TO CERTAIN ARTICLES OF THE CRIMINAL PROCEDURE CODE

Pursuant to the Constitution of the Socialist Republic of Vietnam amended by the Resolution No. 203/2025/QH15;

The National Assembly hereby promulgates the Law on amendments to certain Articles of the Criminal Procedure Code No. 101/2015/QH13 amended by the Law No. 02/2021/QH15, Law No. 34/2024/QH15 and Law No. 59/2024/QH15.

Article 1. Amendments to certain Articles of the Criminal Procedure Code

1. Points are added to Article 4 and several points of clause 1 and clause 2 of Article 4 are repealed as follows:

a) Point p is added after point o of clause 1 as follows:

“p) Competent procuracy means a procuracy which is responsible for exercising prosecution rights and supervising legal compliance during the settlement of cases and lawsuits.”;

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“k) Communes, wards and special zones are referred to as communes.”;

c) Points a, d and g of clause 2 are repealed.

2. Article 20 is amended as follows:

“Article 20. Responsibilities for exercising prosecution rights and supervising legal compliance in criminal procedure

The Procuracy exercises prosecution rights and supervises 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 judgment 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.

The Prosecutor General of the Supreme People’s Procuracy decides the authority of the People’s Procuracy of each level during their exercise of prosecution rights and supervision of legal compliance in criminal procedure as prescribed by this Code.”.

3. Points a, b, c, d, dd and e clause 2 of Article 35 are amended as follows:

“a) Persons tasked with performing certain investigation activities of the Border Guard, including Director General and Deputy Directors General of the Reconnaissance Department; Director General and Deputy Directors General of the Department of Drug Control and Crime Prevention; heads and deputy heads of Reconnaissance Commissions; heads and deputy heads of Task Force Commissions for Drug Control and Crime Prevention; commanding officers and second-in-command officers of Border Guard Chains-of-Command; commanding officers and second-in-command officers of Border Guard Posts; commanding officers and second-in-command officers of port border guards;

b) Persons tasked with performing certain investigation activities of the customs authorities, including Directors and Deputy Directors of Smuggling Investigation and Prevention Sub-Departments; Directors and Deputy Directors of Sub-departments of Post Clearance Audit; Directors and Deputy Directors of Regional Sub-departments of Customs; Heads and Deputy Heads of border checkpoint customs offices;

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d) Persons tasked with performing certain investigation activities of the Coast Guard force, including commanders and deputy commanders of the Coast Guard; zone commanders and deputy zone commanders of the Coast Guard; Director General and Deputy Directors General of the Department of Professional Affairs and Law; heads and deputy heads of Reconnaissance Commissions; heads and deputy heads of Task Force Commissions for Drug Crime Prevention and Control; Captains and Deputy Captains of Naval Squadrons; Captains and Deputy Captains of Naval Flotillas; Captains and Deputy Captains of the Coast Guard’s special task units;

dd) Persons tasked with performing certain investigation activities of Fisheries resources surveillances, including Director General and Deputy Directors General of the Directorate of Fisheries and Fisheries Surveillance; Directors and Deputy Directors of Regional Sub-departments of Fisheries Surveillance;

e) Persons tasked with performing certain investigation activities of other agencies of People’s Public Security, including Directors General, Deputy Directors General, Heads and deputy heads of divisions of authorities tasked with conducting certain investigational activities of People’s Public Security, warders and deputy warders of prisons according to the Law on the Organization of Criminal Investigation Authorities;”.

4. Clause 4 of Article 36 is amended as follows:

“4. Heads and deputy heads of investigation authorities shall be held legally liable for their actions and decisions. Heads and deputy heads of investigation authorities shall not authorize investigators to exercise their duties and powers, except for the case specified in clause 1a Article 37 of this Code.”.

5. Clause 1a is added after clause 1 of Article 37 as follows:

 “1a. Mid-level investigators, senior investigators being heads or deputy heads of commune-level police authorities assigned by heads of provincial investigation authorities to file charges and investigate cases of less serious or serious crimes occurring in communes have the duties and powers specified in clause 1 of this Article, points a and c clause 1 and clause 2 Article 36 of this Code but do not have the power to decide the application, adjustment, termination of special investigation methods and proceedings.

The Minister of Public Security shall preside over and cooperate with the Prosecutor General of the Supreme People’s Procuracy in elaborating this clause.”.

6. Clause 4 is amended and clause 5 is added after clause 4 of Article 41 as follows:

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5. In case the Procuracy for Appellate Prosecution and Supervision under the Supreme People’s Procuracy settles cases, the Prosecutor General of the Supreme People’s Procuracy and Supervision may authorize any procurator holding the position of the Prosecutor General or Deputy Prosecutors General of the Procuracy for Appellate Prosecution and Supervision to exercise the following duties and powers:

a) Exercise the duties and powers specified in point a clause 1 and point p clause 2 of this Article; lodge protests through appellate procedure according regulations of this Code;

b) Decide to assign or replace Deputy Prosecutors General of the Procuracy for Appellate Prosecution and Supervision, procurators, checkers; inspect Deputy Prosecutors General’s, procurators’ and checkers’ activities of exercising prosecution rights and legal compliance;

c) Decide to change or annul baseless and illegitimate decisions made by Deputy Prosecutors General of the Procuracy for Appellate Prosecution and Supervision, procurators, checkers.”.

7. Clause 1a is added after clause 1 of Article 42 as follows:

 “1a. A procurator holding the position of the Prosecutor General of the Procuracy for Appellate Prosecution and Supervision under the Supreme People’s Procuracy is entitled to settle complaints as per this Code.”.

8. Clause 4 is amended and clause 5 is added after clause 4 of Article 44 as follows:

“4. Chief Judge and Deputy Chief Judges of courts shall be held legally liable for their actions and decisions. Chief Judge and Deputy Chief Judges of courts shall not authorize judges to exercise their duties and powers, except for the case specified in clause 5 of this Article.

5. In case the Appellate Court of the Supreme People’s Court settles a case, the Chief Justice of the Supreme People’s Court may authorize any judge holding the position of the Chief Judge or Deputy Chief Judge of the Appellate Court to exercise the following duties and powers:

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b) The duties and powers specified in point b clause 2 of this Article;

c) Decide to assign Deputy Chief Judges of the Appellate Court and judges to adjudicate criminal cases; decide to assign Court clerks to institute legal proceedings on criminal cases; decide to replace judges and Court clerks prior to the start of a trial.”.

9. Clause 2a is added after clause 2 of Article 45 as follows:

 “2a. A judge holding the position of the Chief Judge or Deputy Chief Judge of the Appellate Court of the Supreme People’s Court is entitled to apply, alter or terminate measures for handling of evidences and detention; a judge holding the position of the Chief Judge of the Appellate Court of the Supreme People’s Court is entitled to settle complaints as prescribed by this Code.”.

10. Clause 4 of Article 75 is amended as follows:

“4. Personnel of the Vietnamese Fatherland Front Committee or affiliations of the Vietnamese Fatherland Front or their representatives or kindred request the said authorities to assign people’s advocate(s) to defend such personnel, who face charges.”.

11. Several points and clauses of Article 110 are amended as follows:

a) Points a and b of clause 2 are amended as follows:

“a) Heads and deputy heads of investigation authorities at all levels; investigators in the case prescribed in clause 1a Article 37 of this Code;

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b) Clause 4 is amended as follows:

“4. Upon holding persons in emergency custody or taking in emergency detainees, investigation authorities and authorities tasked with conducting certain investigational activities, within 12 hours, must take statements promptly, and individuals as stated in points a and b clause 2 of this Article must issue a temporary detainment order, arrest warrant or discharge order on the detainee. The emergency custody order and relevant documents must be delivered promptly to the competent Procuracy for ratification.

Individuals as per point c clause 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 clause 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 promptly to the competent Procuracy for ratification.

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

12. Clause 1 of Article 113 is amended as follows:

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

a) Heads and deputy heads of investigation authorities at all levels; investigators in the case prescribed in clause 1a Article 37 of this Code. In this event, the arrest warrant must be approved by the competent Procuracy prior to apprehension;

b) Chief Prosecutors and Deputy Chief Prosecutors of People’s Procuracies, and Chief Prosecutors and Deputy Chief Prosecutors of Military Procuracies at all levels;

c) Chief Judges and Deputy Chief Judges of People’s Courts at all levels, and Chief Judges and Deputy Chief Judges of Military Courts at all levels; judges holding the position of the Chief Judge or Deputy Chief Judge of the Appellate Court of the Supreme People’s Court; trial panels.”.

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“5. Case files can be made in physical form or digitized according to regulations.

The Minister of Public Security shall preside over and cooperate with the Minister of National Defense, the Prosecutor General of the Supreme People’s Procuracy and the Chief Justice of the Supreme People’s Court in elaborating this clause.”.

14. Clause 3 is added after clause 2 of Article 132 as follows:

“3. Signature of the individual issuing the procedural document can be a live or digital signature.

The Minister of Public Security shall preside over and cooperate with the Minister of National Defense, the Prosecutor General of the Supreme People’s Procuracy and the Chief Justice of the Supreme People’s Court in elaborating this clause.”.

15. Title of Article 135 is amended and clause 5 is added after clause 4 of Article 135 as follows:

a) Article’s title is amended as follows:

“Article 135. Procedural expenses in criminal proceedings”;

b) Clause 5 is added after clause 4 as follows:

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16. Point d clause 1 of Article 137 is amended as follows:

“d) Through mass media, digital platforms, shared application software deployed at the National Data Center, information portals or websites of presiding authorities.”.

17. Article 141 is amended as follows:

“Article 141. Procedures for announcing procedural documents through mass media, digital platforms, shared application software deployed at the National Data Center, information portals or websites of presiding authorities

1. Procedural documents are announced through mass media, digital platforms, shared application software deployed at the National Data Center, information portals or websites of presiding authorities when proclamation of such documents is ineffective or other circumstances occur as per the laws.

2. Documents announced through mass media shall be posted on 03 consecutive issues of a central daily newspaper and broadcasted by a central 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.

3. The Minister of Public Security shall preside over and cooperate with the Minister of National Defense, the Prosecutor General of the Supreme People’s Procuracy and the Chief Justice of the Supreme People’s Court in elaborating this Article.”.

18. Clause 1 of Article 149 is amended as follows:

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19. Clause 2 of Article 150 is amended as follows:

“2. Disputes over the authority to process denunciations, information and charge requests among provincial investigation authorities or among military investigation units in military zones shall be settled by military procuracies of military zones which first receive the denunciations, information and charge requests.”.

20. Points a and b clause 5 of Article 163 are amended as follows:

“a) Provincial investigation authorities shall conduct criminal investigations into crimes within jurisdiction of a provincial People’s Court or regional People’s Court;

b) Regional military investigation authorities shall conduct criminal investigations into crimes within the jurisdiction of a regional military Court; military investigation authorities of military zones shall conduct criminal investigations into crimes within the jurisdiction of a Military Court of a military zone or cases within the jurisdiction of a regional investigation authority if their direct engagement is deemed essential;”.

21. Several clauses of Article 171 are amended as follows:

a) Clause 1 is amended as follows:

“1. An investigation authority shall mandate another investigation authority, if deemed necessary, to conduct certain investigations. The decision to mandate investigation must specify requests and be sent to the investigation authority mandated or the competent Procuracy exercising prosecution rights and supervising the mandated investigative activities.”;

b) Clause 3 is amended as follows:

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22. Points a, b and c clause 5 of Article 172 are amended as follows:

 “a) An investigation into less serious crimes is extended by a regional People’s Procuracy or regional Military Procuracy. If a provincial People’s Procuracy or Military Procuracy of a military zone exercises the prosecution rights and supervises the investigation, the provincial People’s Procuracy or Military Procuracy of the military zone shall decide the extension of investigation;

b) A regional People’s Procuracy or regional Military Procuracy shall ratify the first and second extensions of an investigation into serious crimes. If a provincial People’s Procuracy or Military Procuracy of a military zone exercises the prosecution rights and supervises the investigation, the provincial People’s Procuracy or Military Procuracy of the military zone exercises shall decide the first and second extensions of such investigation;

c) A regional People’s Procuracy or regional Military Procuracy shall ratify the first extension of an investigation into very serious crimes while a provincial People’s Procuracy or Military Procuracy of a military zone shall decide the second extension. If a provincial People’s Procuracy or Military Procuracy of a military zone exercises the prosecution rights and supervises the investigation, the provincial People’s Procuracy or Military Procuracy of the military zone exercises shall decide the first and second extensions of such investigation;”.

23. Point d clause 3 of Article 173 is amended as follows:

“a) A regional People’s Procuracy or regional Military Procuracy is entitled to extend detention of offenders of less serious, serious and very serious crimes. If a provincial People’s Procuracy or Military Procuracy of a military zone exercise the prosecution rights and oversee the investigation, the provincial People’s Procuracy or Military Procuracy of the military zone is entitled to extend detention of offenders of less serious, serious and very serious crimes;

The provincial People’s Procuracy or Military Procuracy of the military zone shall decide the first extension of detention of offenders of extremely serious crimes;”.

24. Clause 2 of Article 193 is amended as follows:

“2. In emergency events, competent individuals as defined in clause 2 Article 110 of this Code shall be entitled to issue search warrants. Individuals issuing search warrants, in 24 hours upon the completion of the search, must send written notices to the competent Procuracy.”.

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“2. Time limit for expert examination for other events shall be subject to the Law on Judicial Expertise.”.

26. Clause 1 of Article 225 is amended as follows:

“1. Heads of provincial investigation authorities and military investigation authorities of a military zone or higher level shall decide to enforce special methods of investigation and proceedings at their discretion or as per requests of the Chief Prosecutor of the provincial People’s Procuracy and Chief Prosecutor of the Military Procuracy of the military zone.

If a regional military investigation authority handles the case, the head of such authority shall recommend the head of the military investigation authority of the military zone to consider and enforce such methods.”.

27. Article 233 is amended as follows:

“Article 233. Conclusion of investigation during stage of prosecution

1. During the stage of prosecution, the written conclusion of investigation shall specify the progress of crimes; evidences of suspects' commission of crimes, their artifices, motives, purposes, nature and degree of damage caused by the crimes; preventive and coercive measures enforced, altered or terminated; factors aggravating and mitigating criminal liabilities, traits and personal record of suspects; seizure and impoundment of documents and items, handling of evidences; reasons and circumstances leading to the crimes and other facts significant to the case; reasons and justifications of prosecution; offence titles, articles, clauses and points quoted from the Criminal Code; recommendations for the settlement of the case.

The written conclusion of investigation shall specify issue date, full name and position of the person concluding the investigation and bear his signature.

2. An investigation authority can give a conclusion of investigation for prosecution against a suspect when having sufficient grounds and guarantee the right of defense for the suspect as per this Code in the following circumstances:

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b) The suspect is on foreign soil and cannot be summoned to serve investigational activities.

3. Within 02 days from the date of issuing the conclusion of investigation for prosecution against the suspect specified in clause 2 of this Article, the investigation conclusion must be posted if it cannot be delivered to the suspect.

4. The Minister of Public Security shall preside over and cooperate with the Minister of National Defense, the Prosecutor General of the Supreme People’s Procuracy and the Chief Justice of the Supreme People’s Court in elaborating clauses 2 and 3 of this Article.”.

28. Clause 1 of Article 239 is amended as follows:

“1. The competent Procuracy deciding the prosecution is the procuracy which has exercised the prosecution rights and supervised investigative activities. A Procuracy’s authority to prosecute shall be subject to the Court's jurisdiction over the case.

If a case goes beyond a Procuracy's powers to prosecute, the Procuracy shall promptly decide to transfer the case to another competent Procuracy. A provincial People’s Procuracy or Military Procuracy of a military zone shall decide the transfer of cases to procuracies out of the province, city or military zone.

A superior Procuracy shall decide to prosecute cases against which it exercises prosecution rights and supervises investigation. The superior Procuracy, in 02 month prior to the closure of the investigation, must inform the inferior Procuracy at the level equivalent to that of the first-instance Court having jurisdiction over the case, to assign procurators to examine case files. The superior Procuracy, when issuing a decision to prosecute, shall assign the inferior Procuracy to exercise prosecution rights and supervise the process of adjudication. The competent inferior Procuracy, upon receiving case files and charging documents, shall exercise prosecution rights and supervise the process of adjudication as per this Code.”.

29. Article 243 is amended as follows:

“Article 243. Decision to prosecute suspects

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Charging documents shall detail the progress and acts of crime; evidences clarifying suspects’ crimes, their artifices, motives, purposes, nature and degree of damage caused by the crimes; preventive and coercive measures enforced, altered or terminated; factors aggravating and mitigating criminal liabilities, traits and personal record of suspects; seizure and impoundment of documents and items, handling of evidences; reasons and circumstances leading to the crimes and other facts significant to the case.

The conclusion of the charging documents shall specify offence titles and articles, clauses and points quoted from the Criminal Code.

Charging documents shall specify their date of issuance, full name and position of the person releasing such documents and bear his signature.

2. A Procuracy can make its decision on prosecution against a suspect when having sufficient grounds and guarantee the right of defense for the suspect as per this Code in the following circumstances:

a) The suspect has absconded or his/her whereabouts are unknown and the manhunt is still unsuccessful;

b) The suspect is on foreign soil and cannot be summoned to serve activities aimed at decision on the prosecution.

3. Within 03 days from the date of issuing the charging documents as specified in clause 2 of this Article, the charging documents must be posted if they cannot be delivered to the suspect.

4. The Prosecutor General of the Supreme People’s Procuracy shall preside over and cooperate with the Minister of Public Security, Minister of National Defense and Chief Justice of the Supreme People’s Court in elaborating clauses 2 and 3 of this Article.”.

30. Clause 2 of Article 262 is amended as follows:

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31. Article 268 is amended as follows:

“Article 268. Jurisdiction of a Court

1. A regional People’s Court hears, at first instance, criminal cases of less serious, serious, very serious and extremely serious crimes that face up to 20 years' imprisonment according to the Criminal Code.

2. A provincial People’s Court hears following cases at first instance:

a) Criminal cases beyond the jurisdiction of a regional People’s Court;

b) A criminal case which is within the jurisdiction of a regional People’s Court but comprises complex facts, is involved in various sectors and levels of authority or attracts a lot of public attention; a case which, when settled, has an impact on politics or foreign affairs; a lawsuit which is brought against an offender who is a primary provincial leader or higher, religious dignitary or individual having high prestige in an ethnic minority group.

The Chief Justice of the Supreme People’s Court shall preside over and cooperate with the Prosecutor General of the Supreme People’s Procuracy in elaborating this point.

3. A regional Military Court hears, at first instance, criminal cases of less serious, serious and very serious, except for the following crimes and cases:

a) Breach of national security;

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c) Crimes as defined 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 Criminal Code;

d) Crimes committed outside the territory of the Socialist Republic of Vietnam;

dd) Criminal cases related to defendants, crime victims or litigants who live abroad or in connection with property involved in other lawsuits occurring on foreign territories.

4. A Military Court of a military zone hears following cases at first instance:

a) Criminal cases beyond the jurisdiction of a regional military Court;

b) A criminal case which is within the jurisdiction of a regional Military Court but comprises complex facts making it hard to assess or reach unanimity upon the properties of the case or is involved in various sectors and levels of authority; a lawsuit which is brought against a defendant who is a judge, procurator, investigator, a primary provincial level or higher, regiment chief and equivalent or higher, religious dignitary or individual having high prestige in an ethnic minority group.”.

32. Clause 2 of Article 269 is amended as follows:

“2. The People’s Court at the last residential place of a defendant committing a crime abroad shall have jurisdiction if such person is tried in Vietnam. If a defendant’s last residential place in Vietnam is unknown, the Chief Justice of the Supreme People’s Court shall, as the case may be, decide to assign a regional People’s Court under the People’s Court of city of Hanoi or the city of Da Nang or the city of Ho Chi Minh or assign the People’s Court of city of Hanoi or the city of Da Nang or the city of Ho Chi Minh to hear the case.

A defendant committing a crime abroad, if falling within the jurisdiction of a military Court, shall be tried by the Military Court of a military zone as per the decision by the Chief Justice of the Central Military Court.”.

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“a) The suspect has absconded or his/her whereabouts are unknown and the manhunt is still unsuccessful;”.

34. Clauses 1 and 2 of Article 344 are amended as follows:

“1. A provincial People’s Court shall have appellate jurisdiction over a regional People’s Court's judgments and rulings being appealed.

2. The Appellate Court of the Supreme People’s Court shall have appellate jurisdiction over a provincial People's Court’s judgments and rulings being appealed.”.

35. Clauses 1 and 2 of Article 346 are amended as follows:

“1. A provincial People’s Court or Military Court of a military zone must start the appellate trial in 60 days of the receipt of the case file. In case of adjudicating the case of an extremely serious crime that faces up to 20 years' imprisonment, the time limit for start the appellate trial is 90 days of the receipt of the case file.

The Appellate Court of the Supreme People’s Court or Central Military Court must begin the appellate trial within 90 days of the receipt of the case file.

2. The presiding judge must, within 45 days of the admission of a case with respect to the provincial People’s Court and Military Court of the military zone or within 75 days 45 of the admission of a case with respect to the Appellate Court of the Supreme People’s Court or Central Military Court, issue one of the following decisions:

a) Terminate the appellate trial;

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36. Clauses 1 and 2 of Article 347 are amended as follows:

“1. The Appellate Court, upon accepting the case, shall be empowered to apply, alter or terminate preventive and coercive measures.

The application, alteration and termination of detention shall be subject to the decisions of the Chief Judge or Deputy Chief Judges of a Court; the Judge holding the position of the Chief Judge or Deputy Chief Judge of the Appellate Court of the Supreme People’s Court. The application, alteration and termination of other preventive and coercive measures shall be subject to the decisions of the presiding judge.

2. The time limit for detention prior to trial shall not exceed the time limit for appellate trial preparation as per Article 346 of this Code.

The Appellate Court shall base on the first-instance court’s decision on detention to set the time limit for extending the active detention of a defendant, if deemed imperative. If the time limit for the detention of a defendant expires according to the first-instance court’s decision on detention, the Chief Judge or Deputy Chief Judges of a Court, the Judge holding the position of the Chief Judge or Deputy Chief Judge of the Appellate Court of the Supreme People’s Court shall issue a new decision on retention.

If a defendant is held and must be kept in detention for the completion of the trial, the Trial panel shall decide to hold him in detention until the end of the trial.”.

37. Clause 2 is amended and clause 3 is added after clause 2 of Article 352 as follows:

“2. The duration of an adjournment of the appellate trial is defined in clause 2 Article 297 of this Code.

3. The presiding judge shall represent the Trial panel to sign the written decision to adjourn the appellate trial. If the presiding judge is absent or replaced, the Chief Judge of the Court or the Judge holding the position of the Chief Judge of the Appellate Court of the Supreme People’s Court shall sign the decision on trial adjournment.

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38. Several points and clauses of Article 367 are amended as follows:

a) Point e of clause 1 is amended as follows:

“e) If the sentenced person submits a petition for remission to the State President, the Chief Justice of the Supreme People’s Court, the Prosecutor General of the Supreme People’s Procuracy shall submit his/her opinions to the State President for the latter’s consideration of the petition for remission. If the State President makes a decision on the remission, the Chief Judge of the Court that held the first-instance trial shall issue a decision to commute the death sentence to life imprisonment. If, after 01 year from the date of receiving opinions of the Chief Justice of the Supreme People’s Court, the Prosecutor General of the Supreme People’s Procuracy, the State President does not issues the remission decision, the competent authority shall immediately notify the absence of the State President’s remission decision so as for the Chief Judge of the Court that held the first-instance trial to carry out the death sentence as prescribed.”;

b) Clause 3 is added after clause 2 as follows:

“3. The Chief Justice of the Supreme People’s Court shall preside over and cooperate with the Prosecutor General of the Supreme People’s Procuracy, Minister of Public Security and Minister of National Defense in elaborating this Article.”.

39. Clause 2 of Article 372 is amended as follows:

“2. The Military Court of a military zone shall examine the effective sentences and rulings passed by a regional Military People’s Court in order to detect violations of laws and propose the Chief Justice of the Military Court to lodge protests.”.

40. Several clauses of Article 373 are amended as follows:

a) Clause 1 is amended as follows:

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b) Clause 3 is amended as follows:

“3. The Chief Justice of the provincial People’s Court and Chief Procurator of the provincial People’s Procuracy have the right to lodge protests through the cassation procedure, when deemed necessary, against the effective sentences and rulings passed by the regional People’s Court within a province or city.”.

41. Article 382 is amended as follows:

“Article 382. Jurisdiction over cassation procedure

1. The Council of Justices of the Supreme People’s Court conducts the cassation procedure through a Judicial panel of five judges to review effective sentences and rulings passed by the Appellate Court of the Supreme People’s Court, provincial People’s Courts or Central Military Court.

2. Plenary assembly of Judges of the Supreme People’s Court conducts the cassation review of effective rulings and sentences passed by a People’s Court as per Clause 1 of this Article, which comprise complex elements, or sentences and rulings reviewed by the 5-judge Judicial panel established by the Council of Justices of the Supreme People’s Court through the cassation procedure without reaching an agreement on the settlement of the case through voting.

When the Plenary assembly of Judges of the Supreme People’s Court holds the trial of cassation, two thirds of its members must attend the trial, which is chaired by the Chief Justice of the Supreme People’s Court. Rulings of the Plenary assembly of Judges of the Supreme People’s Court must be approved by more than half of its members; otherwise, the trial shall be adjourned. Plenary assembly of Judges, in 30 days of the adjournment of the trial, must resume the trial.

3. Committee of Judges of the Central Military Court conducts the cassation review of effective sentences and rulings passed by a Military Court of a military zone or regional Military Court. More than two thirds of members of the Committee of Judges of the Central Military Court must attend the trial of cassation, which is chaired by the Chief Justice of the Central Military Court. Rulings of the Committee of Judges must be approved by more than half of its members; otherwise, the trial shall be adjourned. The Committee of Judges, in 30 days of the adjournment of the trial, must resume the trial.

4. The Committee of Judges of a provincial People’s Court conducts the cassation review of effective sentences and rulings passed by a regional Military Court. More than two thirds of members of the Committee of Judges of the provincial People’s Court must be present at the trial of cassation, which is chaired by the Chief Justice of the provincial People’s Court. Rulings of the Committee of Judges must be approved by more than half of its members; otherwise, the trial shall be adjourned. The Committee of Judges, in 30 days of the adjournment of the trial, must resume the trial.

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42. Clause 3 of Article 400 is amended as follows:

“3. The Chief Justice of the provincial People’s Court has the right to lodge protests through the cassation procedure, when deemed necessary, against the effective sentences and rulings passed by the regional People’s Court within a province or city.”.

43. Clauses 2 and 3 of Article 474 are amended as follows:

“2. Chief Justices of procuracies shall be held responsible for settling complaints against procedural decisions and actions regarding emergency custody, arrest, temporary detainment and detention during the stage of investigation and prosecution. In 24 hours from the receipt of complaints, authorities and individuals having rights to emergency custody, arrest, temporary detainment and detention must promptly transfer the case and matters under complaint related to the persons arrested or held in custody or detention to the Procuracy exercising prosecution rights and supervising investigation.

Chief Justices of procuracies shall settle complaints against procedural decisions and actions, regarding emergency custody, arrest, temporary detainment and detention, of heads and deputy heads of investigation authorities, investigators, investigation officers, procurators, checkers and individuals assigned to investigate.

Chief Justices of procuracies shall settle complaints against procedural decisions and actions, regarding arrest, temporary detainment and detention, of Deputy Chief Justices of procuracies.

If the decisions by the Chief Justice of the Procuracy on the complaints are not satisfactory, the person lodging complaints can file complaints to the Chief Justice of the immediate superior Procuracy in 03 days from that person’s receipt of such decisions. In 07 days from the receipt of complaints, the Chief Justice of the immediate superior Procuracy must consider and settle such complaints. Decisions by the Chief Justice of the immediate superior Procuracy shall come into force.

Complaints against procedural decisions and actions, regarding arrest, temporary detainment and detention, of a Chief Justice of a Procuracy shall be considered and settled by the Chief Justice of the immediate superior Procuracy. In 07 days from the receipt of complaints, the Chief Justice of the immediate superior Procuracy must consider and settle such complaints. Decisions by the Chief Justice of the immediate superior Procuracy shall come into force.

3. A court is responsible for settling complaints against decisions on arrest or detention during the stage of adjudication.

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The Chief Justice of the immediate higher Court shall consider and settle complaints against procedural decisions and actions, regarding arrest and detention, of the Chief Justice of the lower Court. In 07 days from the receipt of complaints, the Chief Justice of the immediate superior Court must consider and settle such complaints. Decisions by the Chief Justice of the immediate higher Court shall come into force.

The Chief Judge of the Appellate Court of the Supreme People’s Court shall consider and process complaints against procedural decisions and actions of the Judge holding the position of the Deputy Chief Judge of the Appellate Court of the Supreme People’s Court. If the decisions of the Chief Judge of the Appellate Court of the Supreme People’s Court on the complaints are not satisfactory, the person filing complaints can lodge further complaints to the Chief Justice of the Supreme People’s Court in 03 days from the receipt of such decisions. In 07 days from the receipt of complaints, the Chief Justice of the Supreme People’s Court must consider and settle such complaints. Decisions by the Chief Justice of the Supreme People’s Court shall come into force.

The Chief Justice of the Supreme People’s Court shall consider and process complaints against procedural decisions and actions of the Judge holding the position of the Chief Judge of the Appellate Court of the Supreme People’s Court. In 07 days from the receipt of complaints, the Chief Justice of the Supreme People’s Court must consider and settle such complaints. Decisions by the Chief Justice of the Supreme People’s Court shall come into force.

44. Clause 1 of Article 475 is amended as follows:

“1. Heads of investigation authorities shall consider and settle complaints against procedural decisions and actions of investigators, investigation officers and deputy heads of investigation authorities in 07 days from the receipt of such complaints, except for those related to emergency custody, arrest, temporary detainment and detention. If the decisions by the head of the investigation authority are not satisfactory, the person filing complaints can lodge further complaints to the Chief Justice of the competent Procuracy in 03 days from the receipt of such decisions. In 07 days from the receipt of complaints, the Chief Justice of the competent Procuracy must consider and settle such complaints. Decisions by the Chief Justice of the competent Procuracy shall come into force.

The Chief Justice of the competent Procuracy shall settle complaints against procedural decisions and actions of heads of investigation authorities and procedural decisions of investigation authorities, which have been approved by the Chief Justice of the competent Procuracy, in 07 days from the receipt of such complaints. If the decisions by the Chief Justice of the competent Procuracy on the complaints are not satisfactory, the person lodging complaints can file complaints to the Chief Justice of the immediate superior Procuracy in 03 days from that person’s receipt of such decisions. In 15 days from the receipt of complaints, the Chief Justice of the immediate superior Procuracy must consider and settle such complaints. Decisions by the Chief Justice of the immediate superior Procuracy shall come into force.”.

45. Article 476 is amended as follows:

“Article 476. Authority and time limit for settlement of complaints against procurators, checkers, Deputy Chief Justices, Chief Justices of procuracies, Prosecutor General and Deputy Prosecutors General of the Procuracy for Appellate Prosecution and Supervision under the Supreme People’s Procuracy

1. Chief Justices of procuracies shall consider and settle complaints against procedural decisions and actions of procurators, checkers and Deputy Chief Justices of procuracies in 07 days from the receipt of such complaints. If the decisions by the Chief Justice of the Procuracy on the complaints are not satisfactory, the person lodging complaints can file complaints to the Chief Justice of the immediate superior Procuracy in 03 days from that person’s receipt of such decisions. In 15 days from the receipt of complaints, the Chief Justice of the immediate superior Procuracy must consider and settle such complaints. Decisions by the Chief Justice of the immediate superior Procuracy shall come into force.

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3. The Chief Procurator of the Supreme People’s Procuracy and the Chief Prosecutor of the Central Military Procuracy shall consider and settle complaints against procedural decisions and actions of Chief Procurators of the Supreme People’s Procuracy, procurators and checkers of the Central Military Procuracy and Deputy Chief Prosecutors of the Central Military Procuracy in 15 days from the receipt of such complaints. Decisions by the Chief Procurator of the Supreme People’s Procuracy and the Chief Prosecutor of the Central Military Procuracy shall come into force.

The Prosecutor General of the Procuracy for Appellate Prosecution and Supervision shall consider and settle complaints against procedural decisions and actions of procurators, checkers and Deputy Prosecutors General of the Procuracy for Appellate Prosecution and Supervision in 07 days from the receipt of such complaints. If the decisions by the Prosecutor General of the Procuracy for Appellate Prosecution and Supervision on the complaints are not satisfactory, the person lodging complaints can file complaints to the Prosecutor General of Supreme People’s Procuracy in 03 days from that person’s receipt of such decisions. In 15 days from the receipt of complaints, the Prosecutor General of Supreme People’s Procuracy must consider and settle such complaints. Decisions by the Prosecutor General of Supreme People’s Procuracy shall come into force.

The Prosecutor General of Supreme People’s Procuracy shall consider and settle complaints against procedural decisions and actions of Prosecutor General of the Procuracy for Appellate Prosecution and Supervision in 15 days from the receipt of such complaints. Decisions by the Prosecutor General of Supreme People’s Procuracy shall come into force.”.

46. Article 477 is amended as follows:

“Article 477. Authority and time limit for settlement of complaints against judges, Court clerks, verifiers, Chief Judges, Deputy Chief Judges of Courts, Chief Judges and Deputy Chief Judges of the Appellate Court of the Supreme People’s Court

1. The Chief Judge of a regional People’s Court or Chief Judge of a regional Military Court shall settle complaints against procedural decisions and actions, before trial, of judges, Court clerks, verifiers and Deputy Chief Judges of the regional People's Court or regional Military Court in 07 days from the receipt of such complaints.

If the decisions of the Chief Judge of the regional People’s Court or Chief Judge of the regional Military Court on the complaints are not satisfactory, the person filing complaints can lodge further complaints to the Chief Judge of the provincial People’s Court or Chief Judge of the Military Court of a military zone in 03 days from the receipt of such decisions. In 15 days from the receipt of complaints, the Chief Judge of the provincial People’s Court or Chief Judge of the Military Court of the military zone must consider and settle such complaints. Decisions by the Chief Judge of the provincial People’s Court or Chief Judge of the Military Court of the military zone shall come into force.

The Chief Judge of a provincial People’s Court or Chief Judge of a Military Court of a military zone shall consider and settle complaints against procedural decisions and actions, before trial, of Chief Judges of regional People’s Courts and Chief Judges of regional military Courts, respectively, in 15 days from the receipt of such complaints. Decisions by the Chief Judge of the provincial People’s Court or Chief Judge of the Military Court of the military zone shall come into force.

2. The Chief Judge of a provincial People’s Court or Chief Judge of a Military Court of a military zone shall consider and settle complaints against procedural decisions and actions, before trial, of judges, Court clerks, verifiers, Deputy Chief Judges of provincial People’s Courts or Deputy Chief Judges of military Courts of military zones, in 07 days from the receipt of such complaints. If the decisions of the Chief Judge of the provincial People’s Court or Chief Judge of the Military Court of the military zone on the complaints are not satisfactory, the person filing complaints can lodge further complaints to the Chief Justice of the Supreme People’s Court or Chief Justice of the Central Military Court in 03 days from the receipt of such decisions. In 15 days from the receipt of complaints, the Chief Justice of the Supreme People’s Court or Chief Justice of the Central Military Court shall consider and settle such complaints Decisions by the Chief Justice of the Supreme People’s Court or Chief Justice of the Central Military Court shall come into force.

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3. The Chief Justice of the Supreme People’s Court or Chief Justice of the Central Military Court shall consider and settle complaints against procedural decisions and actions, before trial, of Judges of the Supreme People’s Court, judges, Court clerks, verifiers of the Supreme People’s Court, Deputy Chief Justices of the Supreme People’s Court, Deputy Chief Justices of the Central Military Court in 15 days from the receipt of such complaints. Decisions by the Chief Justice of the Supreme People’s Court or Chief Justice of the Central Military Court shall come into force.

The Chief Judge of the Appellate Court of the Supreme People’s Court shall consider and settle complaints against procedural decisions and actions, before trial, of judges, Court clerks, verifiers, Deputy Chief Judges the Appellate Court of the Supreme People’s Court in 07 days from the receipt of such complaints. If the decisions of the Chief Judge of the Appellate Court of the Supreme People’s Court on the complaints are not satisfactory, the person filing complaints can lodge further complaints to the Chief Justice of the Supreme People’s Court in 03 days from the receipt of such decisions. In 15 days from the receipt of complaints, the Chief Justice of the Supreme People’s Court shall consider and settle such complaints. Decisions by the Chief Justice of the Supreme People’s Court shall come into force.

The Chief Justice of the Supreme People’s Court shall consider and settle complaints against procedural decisions and actions, before trial, of the Chief Judge of the Appellate Court of the Supreme People’s Court in 15 days from the receipt of such complaints. Decisions by the Chief Justice of the Supreme People’s Court shall come into force.”.

47. Clause 1 of Article 481 is amended as follows:

“1. The head of a competent procedural authority shall be given authority to settle denunciations against unlawful actions of competent personnel of that authority.

The head of an investigation authority or the Chief Justice of the immediate superior Procuracy shall be given authority to settle denunciations against the head of the immediate lower investigation authority or Chief Justice of the immediate lower Procuracy.

The Chief Judge of a provincial People’s Court or Chief Judge of a Military Court of a military zone shall be given authority to settle denunciations against the Chief Judge of a regional People’s Court or Chief Judge of a regional military Court.

The Chief Justice of the Supreme People’s Court or Chief Justice of the Central Military Court shall be given authority to settle denunciations against the Chief Judge of a provincial People’s Court or Chief Judge of a Military Court of a military zone.

The Chief Justice of the Supreme People’s Court shall be given authority to settle denunciations against the Chief Justice of the Central Military Court.

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48. Clause 1 of Article 483 is amended as follows:

“1. Competent procuracies and superior procuracies shall supervise the settlement of complaints and denunciations by investigation authorities, authorities tasked with conducting certain investigational activities and Courts.”.

49. Point a clause 2 of Article 485 is amended as follows:

“a) Heads and deputy heads of investigation authorities of the People’s police force and investigators in the case prescribed in clause 1a Article 37 of this Code shall be given authority to decide to apply protective measures for criminal issues and cases that they have admitted, handled or investigated or at the requests for the competent People's Procuracy or People's Court or Supreme People's Procuracy;”.

50. Clause 3 of Article 487 is amended as follows:

“3. Authorities tasked with conducting certain investigational activities, procuracies and courts, upon the receipt of a petition or request for protective measures during their procedural actions towards a case or lawsuit, shall be responsible for considering details and requisitioning the equivalent investigation authority to ratify particulars and decide to implement protective measures. If the regional People's Procuracy or regional People’s Court receives a petition or request for protection, provincial investigation authorities shall consider details and decide to implement protective measures.”.

51. Several clauses of Article 501 are amended as follows:

a) Clause 1 is amended as follows:

“1. In 30 days from the receipt of competent foreign authorities’ requisitions for the enforcement of a foreign Court’s criminal sentences and rulings against Vietnamese citizens whose extradition has been rejected, the regional People’s Court that rejected extradition shall consider such requisitions from abroad.”;

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“5. In no later than 10 days from the issuance of the decision to approve or reject the enforcement of the foreign Court’s criminal sentences and rulings, the regional People’s Court shall send such decision to the person bound by such foreign judgments, the equivalent People’s Procuracy and Ministry of Public Security for execution of the decision.

The person bound to serve the foreign Court’s criminal sentences and rulings or the equivalent People's Procuracy is entitled to lodge an appeal or protest, respectively, in 15 days upon the provincial People's Procuracy’s decision. However, the provincial People’s Procuracy is entitled to lodge its protest in 30 days from the date of issuing the decision.

The regional People’s Court must send the documents and appeal or protest to the provincial People’s Court in 07 days from the expiration of the time limit for appeal or protest.

6. 20 days upon the receipt of documents for the contemplation of requisitions for the enforcement of the foreign Court’s criminal sentences and rulings under appeal or protest, the provincial People’s Court shall hold a meeting to contemplate the regional People’s Court’s decisions under appeal or protest.

Procedures for the contemplation of a regional People’s Court’s decisions under appeal or protest shall be governed by this Article.

7. A decision to implement a foreign Court’s criminal sentences and rulings against a Vietnamese citizen shall comprise:

a) The regional People's Court's decisions under no appeal or protest;

b) The decisions by the provincial People’s Court.”.

52. Clause 3 of Article 502 is amended as follows:

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53. Clause 2 of Article 503 is amended as follows:

“2. The duration of detention for consideration of requests for extradition shall not exceed the length of time of the arrest warrant by competent authorities of the nation requesting extradition. Moreover, the duration of detention shall not exceed the full or remaining length of time of the criminal sentences and rulings by the Court of the countries requesting extradition

In essential circumstances, the regional People’s Court or provincial People’s Court can request in writing, via the Ministry of Public Security, the competent authorities of the nation requesting extradition to issue orders or decisions to hold persons whose extradition is requested in detention or extended detention to enable the consideration of requests for extradition.”.

54. Article 506a is added after Article 506 as follows:

 “Article 506a. Emergency custody prior to request for extradition

The emergency custody prior to request for extradition of a foreign competent authority shall comply with regulations of the treaty to which the Socialist Republic of Vietnam is a signatory and the law on extradition.”.

55. The phrase “, Trưởng phân trại thuộc trại tạm giam” (“head of temporary detention sub-camp of temporary detention camp”) is added after the phrase “Trưởng Nhà tạm giữ” (“the head of the custody house”) in clause 2 of Article 134, clause 1 of Article 332 and clause 3 of Article 333; the phrase “hoặc có đủ khả năng nhận thức, đủ khả năng điều khiển hành vi” (“or capability for being sufficiently aware of or controlling his/her acts”is added after the phrase “đã khỏi bệnh” (“successful healing”) in clause 2 of Article 454.

56. The phrase “Công an xã, phường, thị trấn” (“communal, ward or town police unit”) in clause 3 of Article 111, clause 3 of Article 112 and clause 3 of Article 146 is replaced with the phrase “Công an cấp xã” (“communal police unit”).

57. The phrase “Viện kiểm sát cùng cấp” (“equivalent Procuracy”) in clause 2 of Article 114, clause 5 of Article 119, clause 4 of Article 121, clause 3 of Article 122, clause 2 of Article 124, clause 2 and clause 4 of Article 128, clause 2 and clause 4 of Article 129, clause 3 of Article 152, clause 1 of Article 169, clause 3 of Article 170, clause 3 of Article 179, clause 3 of Article 180, clause 1 of Article 189, clause 1 of Article 190, clause 1 of Article 191, clause 3 of Article 193, clause 1 and clause 2 of Article 197, clause 2 of Article 198, clause 2 of Article 201, clause 1 of Article 202, clause 2 of Article 204, clause 3 of Article 229, clause 2 and clause 3 of Article 231, clause 4 of Article 232, Article 235, Article 439, clause 1 of Article 449 and clause 2 of Article 457 is replaced with the phrase “Viện kiểm sát có thẩm quyền” (“competent Procuracy”).

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59. The phrase “chính quyền xã, phường, thị trấn” (“communal, ward or town authorities”) in clause 2 of Article 113, Article 116, clause 6 of Article 119, clause 1 of Article 120, clause 2 of Article 121, clauses 5 and 6 of Article 123, clause 4 of Article 128, clauses 2 and 3 of Article 138, clause 2 of Article 182, point a clause 3 of Article 185, clauses 1, 2 and 3 of Article 195, clause 1 of Article 198, clause 4 of Article 202, clause 1 of Article 262, clause 8 of Article 368, clause 2 of Article 369, clause 2 of Article 395, point b clause 3 of Article 437 and clause 2 of Article 440 is replaced with the phrase “Ủy ban nhân dân cấp xã” (“communal People’s Committees”).

60. The phrase “chính quyền địa phương” (“local authorities”) in clause 1 of Article 90 is replaced with the phrase “Ủy ban nhân dân” (“People’s Committees”).

61. The phrase “Ủy ban nhân dân xã, phường, thị trấn” (“People’s Committee of the commue, ward or town”) in clause 2 of Article 140,clause 1 of Article 262 and clause 1 of Article 286 is replaced with the phrase “Ủy ban nhân dân cấp xã” (“People’s Committee of the commue”).

62. The phrase “Tòa án nhân dân cấp huyện” (“district People’s Court”) in clause 1 and clause 2 of Article 275 is replaced with the phrase “Tòa án nhân dân khu vực” (“regional People’s Court”); the phrase “Tòa án nhân dân cấp tỉnh” (“provincial People’s Court”) in clause 1 and clause 2 of Article 452 is replaced with the phrase “Tòa án nhân dân khu vực” (“regional People’s Court”).

63. The phrase “khỏi bệnh” (“cured”) in clause 1 of Article 290 and clause 2 of Article 452 is replaced with the phrase “có kết luận khỏi bệnh hoặc có kết luận đủ khả năng nhận thức, đủ khả năng điều khiển hành vi” (“it is concluded that he/she has been cured or concluded that he/she is capable of being sufficiently aware of or controlling his/her acts”); the phrase “cơ sở bắt buộc chữa bệnh tâm thần” (“mandatory mental treatment facility”) in clause 1 and clause 2 of Article 454 is replaced with the phrase “cơ sở khám bệnh, chữa bệnh” (“medical facility”); the phrase “cơ sở bắt buộc chữa bệnh” (“mandatory treatment facility”) in clause 3 of Article 454 is replaced with the phrase “cơ sở khám bệnh, chữa bệnh” (“medical facility”).

64. The phrase “cơ quan thi hành án hình sự Công an cấp huyện” (“criminal judgment enforcement authority of district Police”) in clause 3 of Article 364 and clauses 8, 9 and 10 of Article 368 is replaced with the phrase “cơ quan thi hành án hình sự Công an cấp tỉnh” (“criminal judgment enforcement authority of provincial Police”).

65. The phrase “Ủy ban Tư pháp của Quốc hội” (“the Judiciary Committee of the National Assembly”) in clause 1 and cause 3 of Article 404, clause 1 and clause 2 of Article 405, Article 406, clauses 2, 3 and 5 of Article 407, Article 408, point a clause 2 of Article 411 and Article 412 is replaced with the phrase “Ủy ban Pháp luật và Tư pháp của Quốc hội” (“the Committee on Law and Justice of the National Assembly”).

66. The phrase “cấp cao” (“Higher”) in clause 2 and clause 3 of Article 380 is replaced with the phrase “cấp tỉnh” (“provincial”).

67. The phrase “Cơ quan điều tra cùng cấp” (“equivalent investigation authority”) in clause 1 of Article 262 is replaced with the phrase “Cơ quan điều tra có thẩm quyền” (“competent investigation authority”).

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69. The phrase “Viện kiểm sát cùng cấp hoặc” (“equivalent Procuracy or”) is removed from clause 4 of Article 117, clause 2 of Article 118, clause 5 of Article 146, second paragraph in clause 2 of Article 147, clause 2 of Article 148, clause 2 of Article 149, clause 2 of Article 156 and clause 1 of Article 158.

70. The phrase “Viện trưởng Viện kiểm sát cùng cấp hoặc” (“the Chief Justice of the equivalent Procuracy or”) is removed from the first paragraph in clause 2 of Article 147 and clause 4 of Article 481.

Article 2. Effect

This Law comes into force from July 01, 2025.

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

CHAIRMAN OF THE NATIONAL ASSEMBLY




Tran Thanh Man

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