Question 116: After submitting criminal denunciation letters to district-level investigation bodies, what can Employers do if after the investigation time limit has expired, the investigation bodies do not give reports or give reports not in favour of Employers?

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Pursuant to Article 172 of the Criminal Procedure Code, the criminal investigation time limit is not more than 2 months for less serious crimes, 3 months for serious crimes, and 4 months for very serious and extremely serious crimes counting from the date of prosecution to the end of the investigation. If the case is considered complicated in nature, the investigation time limit can be extended as follows:

  • For less serious crimes, the time limit can be extended one time of not over 2 months;
  • For serious crimes, the time limit can be extended two times, the first extension not over 3 months and the second extension not over 2 months;
  • For extremely serious crimes, the time limit can be extended three times with each extension not over 4 months.
  • For extremely serious crimes, the time limit can be extended three times with each extension not over 4 months.

At the end of the investigation time limit and its extensions (if any), the investigation body must give a written conclusion with a prosecution request, or a written conclusion with a decision on suspending the investigation to terminate the investigation[1]. If the investigation body does not give a written conclusion after this time limit, Employers can prepare and send an official letter to the head of that investigation body or the body directly managing that investigation body.

Based on the investigation conclusion with a prosecution request, Employers will hold a disciplinary meeting and issue the decision on imposing disciplinary actions in accordance with the procedure of labour law[2]. If the investigation conclusion does not indicate the grounds to prove that the Employees’ acts have constituted crimes, Employers cannot impose disciplinary actions on the acts that have been investigated earlier by the investigation body at the Employer’s request.


[1]Article 232 Criminal Procedure Code

[2]Article 123 Labor Code and Article 30 Decree 05/2015/NĐ-CP dated 12/01/2015