Practice Relating to Rule 99. Deprivation of Liberty
Section B. Deprivation of liberty in accordance with legal procedures
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 10. Sustainment of bodily integrity
Emergency custody, arrest, temporary detainment or detention must abide by this Law.
Article 58. Persons held in emergency custody and arrestees
1. Persons held in emergency custody or arrested for criminal acts in flagrante and wanted notices are entitled to:
a) Hear and obtain the warrants of emergency custody, emergency arrest, written approvals of emergency custody and wanted notices;
Article 110. Emergency custody
1. Emergency custody of a person is permitted in one of the following [situations]:
a) There [is] substantial evidence that such person is going to commit a horrific or extremely severe felony;
b) The accomplice committing the crime, or the perpetrator of the crime, who was identified by the crime victim or a person at the crime scene, must be [prevented] from escap[ing];
c) A person carrying criminal traces or a suspect whose residence, workplace or tools contain criminal traces must be [prevented] promptly from escaping or disposing [of] evidence.
2. The following individuals are entitled to issue an order of emergency custody:
a) Head and vice heads of investigation authorities;
b) Heads of independent units at regiment level and equivalent ones, commanding officers of border protection posts; commanders of border protection units at border gates, captains of border protection units in provinces and centrally-affiliated cities, heads of border reconnaissance departments and drug and crime departments of the border protection force, heads of special services against drug and crime of the border protection force; zone commanders of maritime police force, heads of specialized and legal departments of the maritime police force[;] heads of special service[s] of drug enforcement of the maritime police force; heads of zonal bureaus of fisheries resources surveillances;
c) Commanding pilots and captains of aircrafts and ships leaving airports or sea ports.
3. The order for emergency custody must specify full name and address of the detainee, reason and grounds for detainment … The enforcement of a[n] emergency custody order must abide by Section 2, Article 113 of this Law.
4. Upon holding persons in emergency custody or taking in emergency detainees, investigation authorities and units assigned to investigate, within 12 hours, must take statements promptly, and individuals as stated in Point a and Point b, Section 2 of this Article must issue a temporary detainment order, arrest warrant and discharge order on the detainee. The emergency custody order and relevant documents must be delivered promptly to the equivalent Procuracy or competent ones for ratification.
Individuals as per Point c, Section 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, Section 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 to the equivalent Procuracy for approval.
The emergency custody order must specify full name and address of the detainee, reason and grounds for detainment …
Article 113. Apprehension of suspects and defendants for detention
2. The arrest warrant and written approval of the arrest warrant must specify full name and address of the arrestee, reasons and other details …
Enforcers of an arrest warrant must read out the warrant, explain its content, arrestee’s duties and rights, make written record of the arrest, and give the warrant to the arrestee.
The apprehension of a person at his place of residence must be witnessed by a representative of communal, ward or town authorities and other individuals. The apprehension of a person at his place of work or education must be witnessed by a representative of the place of work or education. The apprehension of a person at other places must be witnessed by a representative of communal, ward or town authorities.
3. Apprehension must not occur at night, except for criminals in flagrante or wanted persons.
Article 117. Temporary detainment
A decision on temporary detainment must specify full name and address of the person on temporary detainment, reason, time, starting and final date of temporary detainment …
4. The individual issuing the decision on temporary detainment, [with]in 12 hours [of] making such decision, must send the decision and supporting documents to the equivalent Procuracy or a competent Procuracy.