1. Overview of Criminal Proceedings in Vietnam
A typical criminal case proceeds through four principal stages under the 2015 Criminal Procedure Code:
Receipt of Crime Reports & Case Initiation → Criminal Investigation → Prosecution → Trial (First Instance / Appellate)
1.1. Stage One: Receipt and Verification of Crime Reports and Initiation of Criminal Proceedings
Competent Authorities
- Investigation Authorities; and
- People’s Procuracies.
Statutory Time Limits
Pursuant to Article 147 of the Criminal Procedure Code, the verification of crime reports must generally be completed within 20 days.
For complicated cases, this period may be extended, but generally not beyond two months, with further extensions permitted only in exceptional circumstances as provided by law.
Possible Outcomes
Upon completion of the verification process, the competent authority may issue either:
- a Decision to Institute Criminal Proceedings; or
- a Decision Not to Institute Criminal Proceedings.
1.2. Stage Two: Criminal Investigation
Competent Authorities
Criminal investigations are conducted by competent Investigation Authorities, including:
- Police Investigation Agencies;
- Security Investigation Agencies;
- Criminal Investigation Agencies under the Ministry of National Defence; and
- other competent investigative bodies as prescribed by law.
Statutory Time Limits
Under Article 172 of the Criminal Procedure Code, investigation periods range from two months for less serious offences to a maximum of twenty months for particularly serious offences, including lawful extensions.
Principal Investigative Activities
The investigation stage typically includes:
- interrogation of the accused;
- interviews of witnesses and victims;
- searches and seizures;
- investigative reenactments;
- forensic examinations and expert assessments; and
- application of preventive measures, including detention, temporary custody, and travel restrictions.
1.3. Stage Three: Prosecution
Competent Authority
The People’s Procuracy.
Statutory Time Limits
Pursuant to Article 240 of the Criminal Procedure Code, the Procuracy generally has 20 to 30 days from receipt of the investigation file and investigation conclusion to determine whether prosecution should proceed.
Possible Outcomes
The Procuracy may:
- issue an Indictment formally prosecuting the accused before the Court;
- suspend the proceedings; or
- terminate the criminal case where statutory grounds exist.
1.4. Stage Four: Trial
Competent Authority
The People’s Court.
Following its review of the case file, the Court conducts the first-instance trial.
Judgments rendered at first instance may subsequently be appealed or protested through appellate proceedings before becoming legally effective.
2. The Role of Lawyers During the Investigation Stage
The investigation stage represents the most critical phase of criminal proceedings.
In practice, the overwhelming majority of incriminating and exculpatory evidence is collected during this period. The evidence compiled at this stage often determines the subsequent direction of the prosecution and the ultimate outcome of the case.
Pursuant to Article 74 of the Criminal Procedure Code, defense counsel is entitled to participate in criminal proceedings from the time an individual is formally charged as an accused person.
Where an individual has been arrested or placed in temporary custody, defense counsel may participate from the moment the detainee is present at the premises of the Investigation Authority.
Lawyers play an essential role from two distinct perspectives.
2.1. Representing the Accused, Detainees, and Persons Held in Custody (Defense Counsel)
Pursuant to Article 73 of the Criminal Procedure Code, defense counsel enjoys several fundamental procedural rights.
Attendance During Interrogations
Defense counsel has the right to attend interrogations of the accused and interviews conducted with persons held in temporary custody.
Following each interrogation session, counsel may question the accused to clarify facts relevant to the defense.
Safeguarding Against Coercive Investigation Practices
The presence of defense counsel during questioning serves as an essential procedural safeguard against:
- coerced confessions;
- leading questions;
- corporal punishment or other unlawful investigative practices; and
- inaccurate recording of statements.
Advising the Accused Regarding Procedural Rights
Pursuant to Articles 60 and 61 of the Criminal Procedure Code, lawyers advise clients regarding their procedural rights, including:
- the right to make statements;
- the right to remain silent to the extent permitted by Vietnamese law; and
- the right not to be compelled to incriminate themselves.
Collecting Exculpatory Evidence
Under Article 88 of the Criminal Procedure Code, lawyers may actively:
- interview witnesses;
- collect documentary and physical evidence;
- request supplementary or repeated expert examinations; and
- identify alibi evidence or mitigating circumstances that may reduce criminal liability.
Requesting the Replacement of Pre-trial Detention
Where continued detention is unnecessary, defense counsel may petition the Investigation Authority or the People’s Procuracy to replace detention with alternative preventive measures, including:
- prohibition from leaving the place of residence; or
- bail.
2.2. Representing Victims and Other Interested Parties
Where acting as the legal representative protecting the lawful rights and interests of victims or other interested parties, lawyers perform a different but equally significant role.
Pursuant to Article 84 of the Criminal Procedure Code, lawyers assist clients in:
- collecting evidence demonstrating physical injury, loss of life, property damage, or emotional distress resulting from the criminal offence;
- preparing and substantiating civil compensation claims within criminal proceedings; and
- requesting the Investigation Authority to prosecute the appropriate offender under the appropriate criminal charge, thereby minimizing the risk of wrongful charging decisions or overlooked offences.
3. Summary of Lawyers’ Procedural Rights Throughout Criminal Proceedings
| Procedural Stage | Principal Rights of Counsel | Legal Basis |
| Verification of crime reports | Participate in interviews of the reported person and persons requesting criminal prosecution | Clause 3, Article 83 |
| Arrest or Temporary Custody | Meet privately with detainees (generally not exceeding one hour per meeting) and attend interviews | Articles 73 and 78 |
| Investigation Following Formal Charges | Attend interrogations; examine, take notes of, and obtain copies of case materials relating to incriminating and exculpatory evidence after the investigation is concluded | Article 73 |
| Prosecution | Review the case file, obtain copies of relevant documents, and petition the People’s Procuracy to conduct supplementary investigation or terminate the proceedings where appropriate | Article 241 |
CONTACT LEGAL CONSULTANT:
TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.
1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Ha Noi Bar Association
Email: tmle@tlalaw.vn
Nguyen Thuy Duong