LAW on amendments and supplements to some articles of the code of criminal proceedings pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;
This law amending and supplementing some articles of the code of criminal procedure was passed by Congress on June 29, 1988 and was amended and supplemented by the law on amendments and supplements to some articles of the code of criminal procedure was passed by Congress on June 30, 1990 on December 22, 1992.
Article 1 amendments and supplements to some articles of the code of criminal procedure as follows: 1. Supplement Article 10a of the responsibilities of the agency conducting the proceedings, the person conducting the proceedings: "Article 10a. The responsibilities of the agency conducting the proceedings, the proceedings are conducted In the process of conducting the proceedings, the agency conducting the proceedings, the person conducting the proceedings must strictly implement the provisions of the law and must take responsibility for the behavior of his decision.
People make against the law in the arrest, detention, investigation, prosecution, trial, execution, then depending on the nature and extent of the violation being disciplined or prejudice criminal liability under the law. "
2. a paragraph 1 and paragraph 4 to article 63 of the arrested person in case of emergency is modified and supplemented as follows: "a) When there are grounds for that person that is preparing to make very serious offences or particularly severe crime;"
"4. In all cases, the emergency must be arrested immediately for the Procuratorate at the same level in writing accompanied by the documents relating to the urgent commencement to consider ratification.
The Prosecutor must institute strict prosecution pursuant to emergency arrest provisions in this Article. If not approved, the Procurator must immediately return the person was caught. "
3. Article 70 of the detention is modified and supplemented as follows: "article 70. Detention 1. Detention can be applied to be accused in the following cases: a) accused the accused offence particularly serious, very serious offences;
b) Were accused of serious crimes, less serious offenders that the criminal penalty provisions on two years and have the bases for that person that can hide or obstruct the investigation, prosecution, trial or can continue to sin.
2. As for the accused, the accused is pregnancy or nursing period are under 36 months of age, is an elderly, seriously ill people whose place of residence is clear that detention is not applied to other preventive measures, except for special cases.
3. Who has the authority to order arrest are specified in article 62 of this law have the power to order detention. Ordered the detention of the persons specified in Article 62 paragraph 1 d of this law must be the same Procuracy Director level approval before implementation. Within a period of not more than three days from receiving the order of detention, the proposal review and approval documents, documents relating to the detention, the Prosecutor must Minister the decision to approve or not approve.
4. The Agency ordered detention must check the identity of the person who suffered detention and must immediately notify families who suffered detention and for the Government of the province, the agency or organization where the person is resident or detention work know. "
4. Article 71 of the duration of detention is modified and supplemented as follows: "article 71. The time limit for detention 1. The duration of detention for investigation no more than two months for less serious crimes, not more than three months for serious crimes, not exceeding four months for very serious crimes and particularly serious crimes.
2. in case there are more complex, consider the need to have a longer period of time for the investigation and do not have to change or cancel the detention measure, the latest is ten days before the expiry of the detention, the investigating agency must have written recommendations Minister prosecutor extended custody.
The extension of detention is regulated as follows: a) Director people's Procuratorate and the provincial level Minister military prosecutor army level and above have the right to renew the detention once no more than a months for less serious crimes, have the power to extend detention for not more than two months for serious crimes , no more than three months for very serious crimes, not exceeding four months for the crime is especially serious;
b) in the case of the time limit for the extension of the first detention specified in point a of this paragraph has still unable to finish the investigation and do not have to change or cancel the detention measure, the Minister provincial people's Procuratorate and Director-level military Procuracy of military region or over can extend detention for the second not more than one month for serious crimes. Minister Supreme People's Prosecutor and the Director of the Central Military Procurator can extend detention for the second time not more than two months for very serious crimes, not exceeding four months for special crimes seriously.
3. With respect to the crime is especially serious, in which case the time limit for the extension of detention of the second specified in point b of paragraph 2 of this Article has ended and the case got more complicated without a base to change or cancel the detention measure, the Minister Supreme People's Prosecutor can extend the third detention not exceeding four months.
In case of need for invasion, the National Security Minister Supreme People's Prosecutor has the right to renew.
4. During detention, if it deems unnecessary to continue detention, the investigating authorities must promptly suggest Procurator cancel detention to free people with detention or consider necessary to apply preventive measures.
When the detention period has expired, the person who ordered detention must free people with detention or consider necessary to apply preventive measures. "
5. Paragraph 1 to article 88 of the criminal prosecution at the request of the victim be amended and supplemented as follows: "1. The case of the offences set forth in paragraph 1 of article 104, 105, 106, 108, 109, 111, 113, 121, 122, 131, 171 of the Penal Code only be prosecuted upon request of the victim."
6. Paragraph 1 Article 93 about the investigation powers of the border guard, customs, Rangers and other organs of the people's police, the people's security forces, the people's army was tasked to conduct a number of investigative activities be amended and supplemented as follows: "1. When detecting the offence to the extent that prejudice to criminal liability in your management unit of border guard, customs authorities and the competent agency for Rangers: a) for less serious crimes in the case of guilty handed, clear evidence, the decision to prosecute the case, the prosecution accused the investigation and transfer the records to the Procuracy has the authority within a period of fifteen days from the date of the decision to prosecute the case;
b) for serious crimes, very serious, especially serious or less serious offence but then complicated the decision to prosecute the case, conducted the initial investigation activities and the transfer of records to the competent investigation authority within seven days from the date of the decision to prosecute the case. "
7. Article 97 of the investigation period is modified and supplemented as follows: "article 97. The duration of the investigation 1. Investigation period not exceeding two months for less serious crimes, not more than three months for serious crimes, not exceeding four months for very serious crimes and particularly serious crimes, since the prosecution of the case until the investigation ends.

2. In case of the need to extend the investigation by nature and complexity of the case, the latest is ten days before the expiration of the investigation, the investigating agency must have written recommendations Minister Prosecutor renewed investigation.
The extension of the investigation are defined as follows: a) for less serious crimes be renewed once the investigation no more than two months;
b) for serious crimes be investigated twice, first in no more than three months and the second not exceeding two months;
c) for very serious crimes be renewed the investigation twice, each time not to exceed four months;
d) for particularly severe crimes be renewed investigation three times, each time not more than four months.
3. The authority to extend the investigation of Minister Prosecutor levels are defined as follows: a) for less serious crimes, the Minister-level people's Prosecutor, the Minister of the military regional prosecution renewed investigation. In the case of the case are accepting in the military region level, provincial Minister provincial people's Prosecutor, Director-level military Procuracy of military region extended the investigation;
b) for serious crimes, the Minister-level people's Prosecutor, the Minister of the military regional prosecution renewed the first investigation; Director provincial people's Procuratorate, Director-level military Procuracy of military region extended the investigation a second time. In the case of the case are accepting in the military region level, provincial Minister provincial people's Prosecutor, Director-level military Procuracy of military region extended the investigation first and second;
c) for very serious crimes, the Minister provincial people's Procuratorate, Director-level military Procuracy of military region extended the investigation;
d) for particularly severe crimes, the Minister provincial people's Prosecutor, Director-level military Procuracy of military region extended the investigation first and second; Director Supreme People's Procuracy, Minister Central Military Prosecutor renewed investigation last Tuesday.
4. In case of the case to be accepting to investigate at the central level, the extension of the investigation under the authority of the head of the Supreme People's Procuratorate, Director of the Central Military Procurator.
5. With respect to the crime is especially serious that the deadline to renew the investigation has ended, but due to the very complex nature of the case may not end the investigation, the Director the Supreme People's Procuratorate can renew once no more than four months.
As for the charges of violating the National Security Minister Supreme People's Prosecutor has the right to renew.
6. When the time limit has expired to renew that investigation did not prove to be the accused had made the crime investigation agency to decide to suspend the investigation. "
8. Article 98 of the recovery period of the investigation, additional investigations, the investigation was again amended and supplemented as follows: "article 98. The recovery period of the investigation, additional investigations, the investigation back to 1. In the case of recovery of the investigation provided for in Article 140 of this law, the time limit for the investigation forward no more than two months for less serious crimes, serious crimes and offences are very serious, no more than three months for the crime is particularly serious, since the recovery decision of the investigation until the investigation ends.
In case of a need to extend the investigation by nature and complexity of the case, the latest is ten days before the expiration of the investigation, the investigating agency must have written recommendations Minister Prosecutor renewed investigation. The extension of the investigation are defined as follows: a) for serious crimes and very serious crimes be renewed no more than two times a month;
b) for particularly severe crimes be renewed once investigation no more than three months.
The authority to extend the investigation for each type of crime as stipulated in paragraph 3 Article 97 of this Act.
2. In the case of the case by the Prosecutor returned to additional investigations, the additional investigation period not exceeding two months; If by the courts return to additional investigations, the additional investigation period not exceeding one month. Procurator or the Court shall only be returned to additional investigation no more than twice. Additional investigation period calculated from the date the Agency received the case file and asked to investigate.
3. In the event the case is returned to the investigation, the investigation period and extend the investigation according to the General procedure.
The investigation period is calculated from when the Agency receives and records requirements.
4. When the recovery of the investigation, additional investigations, the investigation, the investigating authorities have the right to adopt, change or cancel deterrent measures according to the provisions of this law.
In the case of the base under the provisions of this law, the term of detention must detention to investigate recovery, to additional investigation not be too time limit to recover additional investigation, investigation prescribed in clause 1 and clause 2 of this Thing.
The time limit for detention and extension of detention in case of the case to be investigated under the General procedure the provisions of article 71 of this law. "
9. Clause 1 and clause 2 Article 142 of the decision to institute prosecution after the end of the investigation be amended and supplemented as follows: ". Within a period not exceeding twenty days for less serious crimes and serious crimes, not to exceed thirty days for very serious crimes and particularly serious crimes, since receiving the case file and a conclusion of the investigation, the Procurator must one of the following decisions : a) prosecuting accused before the Court by indictment;
b) returned to the additional investigation;
c) suspended or temporarily suspended the case.
In case of need, Minister Prosecutor may extend further, but not more than ten days for less serious crimes and serious crimes; not more than fifteen days for very serious crimes; not more than thirty days for special crimes seriously.
Procuracy must notify the accused and his counsel know the aforementioned decision. The indictment, decided to suspend the case or temporary suspension of the case must be delivered to the accused. The excuses are reading the indictment, notes the necessity and proposals require.
2. Upon receipt of the case file, the Prosecutor has the right to decide on the application, alteration or annulment of preventive measures. The time limit of detention not exceeding the time limit specified in paragraph 1 of this article. "
10. Article 145 on the jurisdiction of the courts of all levels be revised and supplemented as follows: "article 145. Jurisdiction of the courts of the level 1. District-level people's courts and the military courts of first instance trial area to the crime for which the Criminal Code prescribed penalties from seven years in prison, except for the following crimes: a) The crime of violation of national security;
b) The offences specified in articles 95, 96, paragraph 1 Article 172 and 223, 222, 263, 293, 294, 295, 296 of the Penal Code.
2. provincial courts and military courts of the first instance trial of the military region level the criminal about crimes not under the jurisdiction of district-level people's courts and the military courts or the area of the case under the jurisdiction of the Court under that I retrieved up to trial. "
11. Clause 2 Article 151 on the time limit for pretrial preparation is modified and supplemented as follows: "2. Within a period of not more than thirty days for less serious crimes, forty five days for serious crimes, two months for very serious crimes, three months for the crime is particularly serious, since receiving the case file , the judge must place one of the following decisions: a) bringing the case to trial;
b) Charged to additional investigation records;
c) suspended or temporarily suspended the case.

For complex cases, Chief Justice of the Court may decide to prolong the time limit for pretrial preparation, but not more than fifteen days for less serious crimes and serious crimes, not to exceed thirty days for very serious crimes and particularly serious crimes.
After you have decided to take the case to trial, to trial within the time limit of fifteen days; in case there is reason then can open the trial within thirty days.
For the case to be returned to additional investigation shall within fifteen days after the receipt of the records, the judge must decide to take the case to trial. "
12. Paragraph 1 to article 226 of the judgment and the decision was enforced to be modified as follows: "1. The judgments and decisions enforceable are judgments and decisions have force of law, including: a) The judgments and decisions of the Court of first instance cannot be appealed protest according to the order of appeal;
b) The judgments and decisions of the courts of appeal;
c) The decision of the Court of Cassation or a retrial. "
13. Paragraphs 1, 5 and 6 to article 227 of the Agency, the organisation has the task of enforcing the judgment and decisions of the courts was amended and supplemented as follows: "1. The police enforce court expulsion, imprisonment term, life imprisonment and joined the Council enforced the death penalty according to the provisions of article 229 of this law."
"5. civil enforcement agencies enforce the judgment fines, seizure of property. The Government of the communes, wards, towns or agencies, the organization assists executor in the enforcement of the judgment. If need to apply coercive measures to enforce the judgment then the police and other authorities have the task of coordination. "
"6. The enforcement of judgments and decisions of military courts by the organizations in the army, except the penalty expulsion."
14. Clause 1 and clause 5 Article 229 on the enforcement of the death penalty be amended and supplemented as follows: "1. the Chief Justice of the Court of first instance made the decision to enforce the judgment and the establishment of the Council on the implementation of the death penalty including representatives of courts, procuratorate and public security. The Council of execution must check the identity of the person convicted before execution.
In the case of the convicted are women then before out decided to enforce the judgment, Chief Justice of the Court of first instance handled must inspect the conditions did not apply the death penalty was prescribed in article 35 of the Penal Code. If the convicted person base condition stipulated in article 35 of the Penal Code, the Chief Justice of the Court of first instance did not take the decision to enforce the judgment and report the Chief Justice of the Supreme People's Court to review death penalty moved into life imprisonment for people convicted.
Before the enforcement of the judgment against the sentenced women the Council of execution in addition to checking the identity, to examine the documents related to the condition of not enforcing the penalty prescribed in article 35 of the Penal Code.
In case the Council discovered the execution of people convicted have the conditional stipulated in article 35 of the Penal Code, the court enforced Board delayed execution and report the Chief Justice Court decision execution to report the Chief Justice of the Supreme People's Court review of death penalty converted into life imprisonment for people convicted. "
"5. in the case of special situations, the execution postponed enforcement and report the Chief Justice Court decision execution to report the Chief Justice of the Supreme People's Court."
15. Article 231 of postponed enforcement of the imprisonment sentence was amended and supplemented as follows: "article 231. Postpone the enforcement of the imprisonment sentence for persons sentenced to prison for being in a foreign, Chief Justice of the court order or at the suggestion of the Prosecutor, the police or the person sentenced for prison punishment postponement in the case specified in paragraph 1 to article 61 of the Penal Code. "
16. Article 234 on the enforcement of the penalty for the enjoyment of probation, sentencing and detention not improvement improvement in the military's discipline unit is modified as follows: "article 234. Enforcement of penalty for the enjoyment, probation penalties improvement not detained People sentenced to imprisonment are entitled to probation and sentenced to renovate detention not to be delivered to the Government of the province, the agency or organization where they reside or work in order to monitor, educate. "
17. additional Article 234a about enforcement of the penalty expulsion "article 234a. Enforcement of the penalty expulsion of deportees to leave Vietnam within a period of fifteen days, since has decided to enforce the judgment. In case the penalty expulsion must obey the other penalty or to perform other obligations then the time limit for them to leave Vietnam because of the law. "
18. Article 236 of the penalty enforcement money or confiscated property is modified and supplemented as follows: "article 236. Enforcement of the penalty or forfeiture of the property decided to give judgment fines or confiscated property out must be sent to the Procuratorate at the same level, Executive Member, who was convicted and Government communes, wards, town where the person was sentenced to reside.
The seizure of property is conducted according to the provisions of article 40 of the Penal Code. "
19. Article 237 paragraph 1 regarding the conditions for remission or exemption from penalty be amended and supplemented as follows: "1. The penalty is jail, detention, all non-resident or probation might be the Executive term reduction of punishment prescribed in articles 57 , 58, 59 and 76 of the Penal Code; If they have not, the penalty may be waived the entire Executive penalty prescribed in clause 1, 2, 3 and 5 to article 57 of the Penal Code.
Who are being temporarily suspended imprisonment penalty can be waived the penalty section Executive rest prescribed in paragraph 4 to article 57 of the Penal Code.
The Executive who had been a part of the penalty amount can be free of the fine remaining part Executive as stipulated in paragraph 2 to article 58 of the Penal Code. "
20. Item 1 and item 2 Article 238 of the procedure of remission or exemption from penalty be amended and supplemented as follows: "1. the competent court decides to reduce the Executive term penalty is province-level courts, military courts, the military region level where the convicted criminal.
The Court has jurisdiction to decide the Executive exemption of penalty is the provincial people's courts, military courts, the military region level was sentenced to reside or work.
The reduction of the time limit or other punishment Executive exempt or reduce the time to challenge the jurisdiction decision of the courts, military courts, areas where the sentenced penalty or subject to challenge.
2. proposal review records free of criminal detention, not improving the Executive exemption in whole or part penalty left the Executive exemption, the part remaining must have fines proposed by the Minister the Prosecutor at the same level.
Records suggest review the Executive term reduction penalty must have suggested the Agency's enforcement of the sentence in prison.
Records suggest review the Executive term reduced the penalty to renovate detention not to be suggested by the Agency, organization or local Government was tasked with direct supervision, education.
Records suggest considering reducing or exempting the other penalty or shorten the duration of probation challenge must have recommendation or the Agency's review, the Organization has the task execution the provisions of article 227 of this Act. "
21. Article 273 of arrest, detention, custody was amended and supplemented as follows: "article 273. Arrest, detention, custody

1. People from enough 14 years to under 16 years can arrest, detention, custody if there is sufficient to base the provisions in articles 62, 63, 64, 68 and 71 of this Act, but only in the case of very serious offences due to intentional or particularly serious offences.
2. From the age of 16 to under 18 years old can be arrested, custody, detention if there is sufficient to base the provisions in articles 62, 63, 64, 68 and 71 of this Act, but only in the case of serious offences due to deliberate, very serious offences or particularly serious crimes. "
22. Article 279 of the termination of the Executive and judiciary measures reduce the penalty period is modified and supplemented as follows: "article 279. Terminate judicial measures Executive, reduce or exempt from penalty juveniles convicted can be terminate judicial measures Executive, reduce or exempt from penalty when eligible prescribed in article 70 or Article 76 of the Penal Code. "article 2 amends the digits and the phrase of the code of criminal procedure as follows : 1. To modify the digit, of the criminal code was invoked in the code of criminal proceedings the provisions of the Criminal Code of 1999 are as follows: a) instead of digits "242" Thing in paragraph 3 to article 39, paragraph 4 Article 43, paragraph 3 Article 44 by digit "308";
b) instead of digits "article 241" in paragraph 4 to article 43, paragraph 3 Article 44, paragraph 2 Article 45 by digit "307";
c) instead of digits "236" in paragraph 3 Article 57 by digit "300";
d) instead of the digits "article 246 Article 247", "the" in article 95 with the digits "313" and "314" Thing;
DD) instead of the digits "articles 92, 93, 222, 223, 262, 263" in article 101 with the digits "article 263, 264, 286, 287, 327, 328";
e) instead of the digits "229", "Article 235" in paragraph 3 Article 107 with the digits "298", "300";
g) instead of digits "244" in clause 2, article 121 Article 122 by digit "310";
h) instead of the digits "paragraph 1 clause 1 Article 48" in paragraph 3 Article 139 by the digit "paragraph 1 and paragraph 3 article 25";
I) instead of the digits "article 16, paragraph 1 to article 48 and paragraph 3 Article 59" in clause 1 Article 143b using the digits "article 19, paragraph 2, and article 25 Article 69";
k) instead of digits "article 231 of this Act" in paragraph 1 Article 232 by the digit "paragraph 1 and article 61 Article 62 of the Penal Code";
l) instead of digits "44" in clause 2 Article 237 by digit "60";
m) instead of digits "53" in article 239 by digit "article 64";
n) instead of the digits "54", "55" in clause 1 Article 240 by the digit "65", "66";
o) instead of digits "45 Articles" in clause 1 Article 265 by digit "article 23";
p) instead of the digit "60" in paragraph 2 to article 277 by numbers "70";
q) instead of digits "67" in Article 280 by digit "article 76";
r) instead of digits "article 12" in paragraph 1 to article 281 by digit "article 13".
2. Modify the terms of the code of criminal procedure as follows: a) the phrase "particularly dangerous crime compromised national security" in article 36 is replaced by the phrase "crime of infringing national security";
b) the term "Council of Ministers" in article 72 is replaced by the phrase "Government";
c) the term "Council of State" in article 92 and article 93 is replaced by the phrase "the Committee of the National Assembly";
d) the term "Council of State" in articles 228 and 229 are replaced with the word "President";
DD) the phrase "senior military court" in articles 146, 215, 244, 248, 250 and 266 was replaced by the phrase "the Central Military Court";
e) the phrase "Delete project" in the name of Chapter XXVIII, name the article 239, 240, 280, and in articles 239, 240, 280 is replaced by the phrase "Delete project" area.
Article 3 repeal Article 160a about composition of trial of first instance at the same time general appeal.
Article 4 of this Law in force from July 1, 2000.
Article 5 the Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of functions, duties and powers of Law enforcement guidelines themselves.
This law was the National Assembly of the Socialist Republic of Vietnam X key, session 7 through June 9, 2000.