VIETNAMESE CRIMINAL PROCEDURE CODE - Part Three - FIRST-INSTANCE TRIAL - CHAPTER XVI JURISDICTION OF COURTS AT ALL LEVELS








	
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PART THREE FIRST-INSTANCE TRIAL
CHAPTER XVI JURISDICTION OF COURTS AT ALL LEVELS
Article 170.- Adjudicating jurisdiction of courts at all levels
Article 171.- Territorial jurisdiction
Article 172.- Jurisdiction to adjudicate offenses committed on board aircraft or sea-going ships of the Socialist Republic of Vietnam, which are operating outside the airspace or the territorial sea of Vietnam
Article 173.- Adjudication of defendants committing many offenses falling under the jurisdiction of courts at different levels
Article 174.- Transfer of cases
Article 175.- Settlement of disputes over adjudicating jurisdiction
CHAPTER XVII TRIAL PREPARATION
Article 176.- Trial preparation time limits
Article 177.- Application, change or cancellation of deterrent measures
Article 178.- Contents of decisions to bring cases for trial
Article 179.- Decisions to return files for additional investigation
Article 180.- Decisions to suspend or cease cases
Article 181.- Withdrawal of prosecution decisions by procuracies
Article 182.- Handing of court decisions
Article 183.- Summoning of persons to be questioned at court sessions
CHAPTER XVIII GENERAL PROVISIONS ON PROCEDURES AT COURT SESSIONS
Article 184.- Direct, oral and uninterrupted trial
Article 185.- Composition of first-instance trial panels
Article 186.- Replacement of trial panel members in special cases
Article 187.- Appearance of defendants at court sessions
Article 188.- Supervision of defendants at court sessions
Article 189.- Appearance of procurators
Article 190.- Appearance of defense counsels
Article 191.- Appearance of victims, civil plaintiffs, civil defendants, persons with interests and obligations related to the cases or their lawful representatives
Article 192.- Appearance of witnesses
Article 193.- Appearance of experts
Article 194.- Time limit for postponement of court sessions
Article 195.- Withdrawal of prosecution decisions or conclusion on lesser offenses by procurators at court sessions
Article 196.- Limits of trial
Article 197.- Internal rules of court sessions
Article 198.- Measures against persons violating order at court sessions
Article 199.- Making court judgments and decisions
Article 200.- Minutes of court sessions
CHAPTER XIX PROCEDURES FOR OPENING COURT SESSIONS
Article 201.- Procedures for opening court sessions
Article 202.- Settlement of requests for change of judges, jurors, procurators, court clerk, experts and/or interpreters
Article 203.- Explanation of the rights and obligations of interpreters and experts
Article 204.- Explanation of the rights, obligations of witnesses, and isolation of witnesses
Article 205.- Settlement of requests for examination of evidences and postponement of court sessions due to the absence of persons concerned
CHAPTER XX PROCEDURES FOR INQUIRY AT COURT SESSIONS
Article 206.- Reading of indictments
Article 207.- Inquiring order
Article 208.- Announcement of statements at investigating bodies
Article 209.- Inquiry of defendants
Article 210.- Inquiry of victims, civil plaintiffs, civil defendants, persons with interests and obligations related to the cases or their lawful representatives
Article 211.- Inquiry of witnesses
Article 212.- Examination of exhibits
Article 213.- On-spot examination
Article 214.- Presentation and announcement of documents of the cases and comments and reports of agencies or organizations
Article 215.- Inquiry of experts
Article 216.- Termination of inquiry
CHAPTER XXI ARGUMENT AT COURT SESSIONS
Article 217.- Order of presentation of arguments
Article 218.- Counter-argument
Article 219.- Reopening of inquiry
Article 220.- Final words of defendants
Article 221.- Consideration of withdrawal of prosecution decisions or conclusions on lesser offenses
CHAPTER XXII DELIBERATION AND PRONUNCIATION OF JUDGMENTS
Article 222.- Deliberation of judgments
Article 223.- Reopening of inquiry and argument
Article 224.- Judgments
Article 225.- Proposal to remedy mistakes in the managerial work
Article 226.- Pronouncement of judgments
Article 227.- Release of defendants
Article 228.- Arrest of defendants for temporary detention after the pronouncement of judgments
Article 229.- Handing of judgments

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CHAPTER XVI JURISDICTION OF COURTS AT ALL LEVELS


Article 170.- Adjudicating jurisdiction of courts at all levels

1. The district-level people’s courts and the regional military courts shall conduct first-instance trial of criminal cases involving less serious offenses, serious offenses and very serious offenses, excluding the following offenses:

a/ Offenses of infringing upon national security;

b/ Offenses of undermining peace, against humanity, and war crimes;

c/ Offenses prescribed in Articles 93, 95, 96, 172, 216, 217, 218, 219, 221, 222, 223, 224, 225, 226, 263, 293, 294, 295, 296, 322 and 323 of the Penal Code.

2. The provincial-level people’s courts and the military zone-level military courts shall conduct first-instance trial of criminal cases involving offenses not falling under the jurisdiction of the district-level people’s courts and the regional military courts or cases falling under the subordinate courts, which they take for trial.


Article 171.- Territorial jurisdiction

1. The courts competent to adjudicate criminal cases are the courts of the places where the offenses were committed. Where an offense is committed in different places or if the place where an offense was committed is unknown, the court competent to adjudicate the case shall be the one of the place where the investigation is completed.

2. For defendants committing offenses abroad, if they are to be adjudicated in Vietnam, the provincial-level people’s courts of their last residences in the country shall adjudicate them. If the defendants’ last residences in the country cannot be determined, the President of the Supreme People’s Court shall on a case-by-case basis issue decisions to assign the People’s Court of Hanoi city or Ho Chi Minh City to adjudicate such cases.

For defendants committing offenses abroad, if they fall under the adjudicating jurisdiction of a military court, they shall be adjudicated by the Military Court of the military-zone or higher level under decisions of the President of the Central Military Court.


Article 172.- Jurisdiction to adjudicate offenses committed on board aircraft or sea-going ships of the Socialist Republic of Vietnam, which are operating outside the airspace or the territorial sea of Vietnam

Offenses committed on board aircraft or sea-going ships of the Socialist Republic of Vietnam which are operating outside the airspace of the territorial sea of Vietnam shall fall under the jurisdiction of the Vietnamese courts of the places of the first return airports or seaports or the places where such aircraft or sea-going ships are registered.


Article 173.- Adjudication of defendants committing many offenses falling under the jurisdiction of courts at different levels

For defendants committing many offenses, one of which falls under the adjudicating jurisdiction of the superior court, the superior court shall adjudicate the entire cases.


Article 174.- Transfer of cases

When realizing that cases do not fall under their jurisdiction, the courts shall transfer the cases to those with jurisdiction to adjudicate. The transfer of cases to courts outside the territory of a province or centrally run city or outside the territory of a military zone shall be decided by the provincial-level people’s courts or military zone-level military courts.

The transfer of a case to another court shall be effected only when the case has not been adjudicated yet. In this case, the transfer of the case shall be decided by the president of the court. If a case which falls under the jurisdiction of a Military Court or a superior court has been adjudicated, it must still be transferred to the competent court. In this case, the transfer of the case shall be decided by the trial panel.

Within two days after issuing decisions to transfer the cases, the courts must notify the procuracies of the same level and inform the accused and persons involved in the cases thereof.


Article 175.- Settlement of disputes over adjudicating jurisdiction

1. The settlement of disputes over adjudicating jurisdiction shall be decided by the presidents of the immediate superior courts.

2. The settlement of disputes over adjudicating jurisdiction between district-level people’s courts of different provinces or centrally run cities shall be decided by the presidents of the provincial-level people’s courts of the places where the investigation is completed.

3. The settlement of disputes over the adjudicating jurisdiction between people’s courts and military courts shall be decided by the President of the Supreme People’s Court.

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