Article 120.- Time limits of temporary detention for investigation

1. The time limit of temporary detention of the accused for investigation shall not exceed two months for less serious offenses, not exceed three months for serious offenses, not exceed four months for very serious offenses and especially serious offenses.2. Where the cases involving many complicated circumstances and it is deemed that the investigation should take a longer time and there exists no ground to change or cancel the temporary detention measure, at least ten days before the temporary detention time limit expires, the investigating bodies must send written requests to the procuracies to extend the such temporary detention time limit.

The extension of temporary detention time limits is prescribed as follows:

a/ For less serious offenses, the temporary detention time limit may be extended once for no more than one month;

b/ For serious offenses, the temporary detention time limit may be extended twice, for no more than two months for the first time and no more than one month for the second time;

c/ For very serious offenses, the temporary detention time limit may be extended twice, for no more than three months for the first time and no more than two months for the second time;

d/ For especially serious offenses, the temporary detention time limit may be extended three times, for no more than four months each.

3. The competence of procuracies to extend temporary detention time limits is prescribed as follows:

a/ The district-level people’s procuracies or regional military procuracies shall have the right to extend temporary detention time limits for less serious offenses, extend temporary detention time limits for the first time for serious offenses and very serious offenses. Where the cases are received for investigation at the provincial or military-zone level, the provincial-level people’s procuracies or military zone-level military procuracies shall have the right to extend temporary detention time limits for less serious offenses, extend temporary detention time limits for the first time for serious offenses, very serious offenses and especially serious offenses.

b/ In cases where the first-time extended temporary detention time limits prescribed at Point a of this Clause have expired but the investigation cannot be completed and there emerges no ground to change or cancel the temporary detention measure, the district-level people’s procuracies or the regional military procuracies may extend the temporary detention time limits for the second time for serious offenses. The provincial-level people’s procuracies or military zone-level military procuracies may extend temporary detention time limits for the second time for serious offenses, very serious offenses or especially serious offenses.

4. Where the cases are received for investigation at the central level, the extension of temporary detention time limits shall fall under the competence of the Supreme People’s Procuracy or the Central Military Procuracy.

5. For especially serious offenses, in cases where the second-time extended temporary detention time limits prescribed at Point b, Clause 3 of this Article have expired and the cases involve many very complicated circumstances while there emerges no ground to change or cancel the temporary detention measure, the Chairman of the Supreme People’s Procuracy may extend the temporary detention time limits for the third time.

In case of necessity for offenses of infringing upon national security, the Chairman of the Supreme People’s Procuracy may extend the temporary detention time limits once more for no more than four months.

6. When keeping persons in temporary detention, if deeming it unnecessary to continue the temporary detention, the investigating bodies must propose in time the procuracies to cancel the temporary detention in order to release the detainees or shall, if deeming it necessary, apply other deterrent measures.

Upon the expiry of the temporary detention time limits, the temporary detention order issuers must release the detainees or shall, if deeming it necessary, apply other deterrent measures.

Vietnamese version "Thời hạn tạm giam để điều tra"

* * * * * * * * *

Edited & Posted by Councellor Nguyen Thoa