Tiếng Việt| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No. 23/2004/PL-UBTVQH11 | Hanoi, August 20, 2004 |
ON ORGANIZATION OF CRIMINAL INVESTIGATIONS
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly, its 10th session;
Pursuant to the Criminal Procedure Code;
This Ordinance prescribes the organizational apparatus and specific investigating competence of the investigating agencies; the specific tasks and powers in investigating activities of the Border Guard, the Customs, the Ranger, the Coast Guard and other agencies of the People's Police and the People's Army which are assigned to conduct a number of investigating activities.
Article 1.- Investigating agencies
1. The People's Police has the following investigating agencies:
a) The investigating police agency of the Ministry of Public Security; the investigating police agencies of the Police Departments of the provinces and centrally-run cities (hereinafter called collectively the investigating police agencies of the provincial-level Police Departments); the investigating police agencies of the Police Sections of rural districts, urban districts, provincial capitals, provincial cities (hereinafter called collectively the investigating police agencies of the district-level Police Sections);
b) The investigating security agency of the Ministry of Public Security; the investigating security agencies of the Police Departments of the provinces and centrally-run cities (hereinafter called collectively the investigating security agencies of the provincial-level Police Departments).
...
...
...
a) The criminal investigation agency of the Ministry of Defense; the criminal investigation agencies of military zones and the equivalent; the regional criminal investigation agencies;
b) The investigating security agency of the Ministry of Defense; the investigating security agencies of military zones and the equivalent.
3. The Supreme People's Procuracy has the following investigating agencies:
a) The investigating agency of the Supreme People's Procuracy;
b) The investigating agencies of the Central Military Procuracy.
4. The investigating agencies are composed of their heads, deputy-heads and investigators.
Article 2.- Agencies tasked to conduct a number of investigating activities
The agencies tasked to conduct a number of investigating activities include the Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of the People's Police or the People's Army, as defined in Articles 19, 20, 21, 22, 23, 24 and 25 of this Ordinance.
Article 3.- Tasks of the investigating agencies
...
...
...
1. The Border Guard, the Customs, the Ranger, the Coast Guard, if detecting criminal acts serious enough to be examined for penal liability while performing tasks in their respective management domains, shall conduct the investigating activities as provided for in Articles 19, 20, 21 and 22 of this Ordinance.
2. Other agencies of the People's Police, the People's Army, which are tasked to conduct a number of investigating activities, if detecting matters showing criminal signs while performing their tasks, shall be entitled to institute the cases, conduct initial investigating activities and transfer the files to the competent investigating bodies as provided for in Articles 23, 24 and 25 of this Ordinance.
Article 5.- Principles for investigating activities
1. Only the investigating bodies and agencies tasked to conduct a number of investigating activities, which are defined in this Ordinance, can investigate criminal cases. All investigating activities must comply with the provisions of the Criminal Procedure Code and this Ordinance.
2. Investigating activities must respect the truths, be carried out in an objective, comprehensive and adequate manner; accurately and promptly detect every criminal act, clarify evidences proving guilty and evidences proving not guilty, circumstances that aggravate and extenuate the penal liability of offenders without omitting criminals and doing injustice to innocent people.
3. The subordinate investigating agencies submit to the professional guidance and directions of the superior investigating agencies.
Article 6.- Responsibilities of the procuracies in investigating activities
The procuracies supervise the law observance in investigating activities in order to ensure that the investigating activities of the investigating agencies, the Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of the People's Police or the People's Army which are tasked to conduct a number of investigating activities comply with the provisions of the Criminal Procedure Code and this Ordinance.
...
...
...
The investigating agencies, the Border Guard, the Customs, the Ranger, the Coast Guard and other agencies of the People's Police or the People's Army which are tasked to conduct a number of investigating activities must act upon the requests and decisions of the procuracies as provided for in the Criminal Procedure Code.
Article 7.- Responsibilities of agencies, organizations and citizens in investigating activities
1. Organizations and citizens have the right and obligation to detect and denounce criminal acts, have the responsibility to act upon the requests of, and create conditions for, the investigating agencies, the Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of the People's Police or the People's Army which are tasked to conduct a number of investigating activities, the heads and deputy-heads of investigating agencies, investigators, the heads and deputy-heads of agencies tasked to conduct a number of investigating activities to perform their investigating tasks.
2. Within the scope of their respective responsibilities, the State agencies must inform the investigating agencies of all criminal acts having happened in their offices and management domains; have the right to propose and send relevant documents to the investigating agencies for considering the institution of cases against offenders; have the responsibility to act upon the requests of, and create conditions for, the investigating agencies, the Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of the People's Police or the People's Army which are tasked to conduct a number of investigating activities, the heads and deputy-heads of investigating agencies, investigators, the heads and deputy-heads of agencies tasked to conduct a number of investigating activities to perform their investigating tasks.
3. Within the scope of their responsibilities, the investigating agencies must consider and handle reported information and denunciations on offenders, propose case institution, notify the handling results to agencies or organizations which have supplied the information or petitions and the persons who have denounced the offenders, and must apply necessary measures to protect the denouncers.
The state agencies, the Vietnam Fatherland Front Committees and member organizations of the Front, people-elected deputies have the rights to supervise the investigating activities of the investigating agencies, the Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of the People's Police or the People's Army which are tasked to conduct a number of investigating activities, the heads and deputy-heads of the investigating agencies, investigators, the heads and deputy-heads of agencies tasked to conduct a number of investigating activities.
In case of detecting illegal acts in investigating activities, the state agencies and people-elected deputies may request and the Vietnam Fatherland Front Committees and member organizations of the Front may propose the competent agencies to consider and handle them according to the provisions of the Criminal Procedure Code. Within the scope of their responsibilities, the investigating agencies, the Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of the People's Police or the People's Army which are tasked to conduct a number of investigating activities must consider and settle them and notify the settlement results to the agencies and persons that have made the requests or proposals.
...
...
...
Article 9.- Organization of the investigating police agencies in the People's Police
1. The investigating police agency of the Ministry of Public Security is organized to comprise the Police Department for Investigation of Social Order- Related Crimes, the Police Department for Investigation of Crimes Related to Economic Management Order and to Positions, the Police Department for Investigation of Drug-Related Crimes, and its Office.
2. A provincial-level investigating police agemcu is organized to comprise the Police Section for Investigation of Social Order-Related Crimes, the Police Section for Investigation of Crimes Related to Economic Management Order and to Positions, the Police Section for Investigation of Drug-Related Crimes, and its office.
3. A district-level investigating police agency is organized to comprise the Police Team for Investigation of Social Order-Related Crimes, the Police Teams for Investigation of Crimes Related to Economic Management Order and to Positions, the Police Team for Investigation of Drug-Related Crimes, and its assisting apparatus.
Article 10.- Organization of the investigating security agencies in the People's Police
1. The investigating security agency of the Ministry of Public Security is organized to comprise investigating sections, operation teams, and its office.
2. A provincial-level investigating security agency is organized to comprise investigating teams, operation teams and its assisting apparatus.
Article 11.- Investigating competence of the investigating police agencies in the People's Police
...
...
...
2. The investigating police agencies of the provincial-level Police Departments shall investigate criminal cases related to the crimes prescribed in Clause 1 of this Article when such crimes fall under the trial jurisdiction of the provincial-level people's courts or the crimes which fall under the investigating competence of the investigating police agencies of the district-level Police Sections when deeming it necessary to directly conduct the investigations.
3. The investigating police agency of the Ministry of Public Security shall investigate particularly serious and complicated crimes which fall under the investigating competence of the investigating police agencies of the provincial-level Police Departments when deeming it necessary to directly conduct the investigation.
Article 12.- Investigating competence of the investigating security agencies in the People's Police
1. The investigating security agencies of the provincial-level Police Departments shall conduct criminal investigations of the crimes prescribed in Chapter XI, Chapter XXIV and the crimes prescribed in Articles 180, 181, 221, 222, 223, 230, 231, 232, 236, 263, 264, 274 and 275 of the Penal Code when such crimes fall under the trial jurisdiction of the provincial-level people's courts.
2. The investigating security agency of the Ministry of Public Security shall investigate criminal cases related to particularly serious and complicated crimes which fall under the investigating competence of the investigating security agencies of the provincial-level Police Departments as provided for in Clause 1 of this Article when deeming it necessary to directly conduct the investigations.
Article 13.- Organization of the criminal investigation agencies in the People's Army
1. The criminal investigation agency of the Defense Ministry is organized to comprise investigating sections, operation sections, and its assisting apparatus.
2. A military-zone or equivalent-level criminal investigation agency is organized to comprise the investigation board and its assisting apparatus.
...
...
...
4. Basing itself on the tasks and organization of the Army in each period, the Government shall submit to the National Assembly Standing Committee for decision the establishment or dissolution of military-zone or equivalent-level criminal investigation agencies, regional criminal investigation agencies.
Article 14.- Organization of the investigating security agencies in the People's Army
1. The investigating security agency of the Defense Ministry is organized to comprise investing sections, operation sections, and its assisting apparatus.
2. A military-zone or equivalent-level investigating security agency is organized to comprise the investigating board and its assisting apparatus.
3. Basing itself on the tasks and organization of the Army in each period, the Government shall submit to the National Assembly Standing Committee for decision the establishment or dissolution of military-zone or equivalent-level investigating security agencies.
Article 15.- Investigating competence of the criminal investigation agencies in the People's Army
1. The regional criminal investigation agencies shall investigate criminal cases related to the crimes prescribed in Chapter XII thru Chapter XXIII of the Penal Code when such crimes fall under the trial jurisdiction of the regional military courts, excluding crimes which fall under the investigating competence of the investigating agency of the Central Military Procuracy.
2. The military-zone or equivalent-level criminal investigation agencies shall investigate criminal cases related to the crimes prescribed in Clause 1 of this Article when such crimes fall under the trial jurisdiction of the military courts of military zones or the equivalent or the crimes which fall under the investigating competence of the regional criminal investigation agencies when deeming it necessary to directly conduct the investigations.
3. The criminal investigation agency of the Defense Ministry shall investigate criminal cases related to particularly serious or complicated crimes which fall under the investigating competence of the criminal investigation agencies of military zones or the equivalent when deeming it necessary to directly conduct the investigations.
...
...
...
1. The investigating security agencies of military zones or the equivalent shall investigate criminal cases related to the crimes prescribed in Chapter XI thru Chapter XXIV of the Penal Code when such crimes fall under the trial jurisdiction of the military courts of military zones or the equivalent.
2. The investigating security agency of the Defense Ministry shall investigate criminal cases related to particularly serious or complicated crimes which fall under the investigating competence of the investigating security agencies of military zones or the equivalent when deeming it necessary to directly conduct the investigations.
Article 17.- Organization of the investigating agency of the Supreme People's Procuracy
1. The investigating agency of the Supreme People's Procuracy is organized to comprise investigating sections and its assisting apparatus.
2. The investigating agency of the Central Military Procuracy is organized to comprise the investigating section and its assisting apparatus.
Article 18.- Investigating competence of the investigating agency of the Supreme People's Procuracy
1. The investigating agency of the Supreme People's Procuracy shall investigate criminal cases related to some types of crime of infringing upon judicial activities where the offenders are officials of judicial bodies when such crimes fall under the trial jurisdiction of the people's courts.
2. The investigating agency of the Central Military Procurary shall investigate the criminal cases prescribed in Clause 1 of this Article when such crimes fall under the trial jurisdiction of the military courts.
...
...
...
INVESTIGATING POWERS OF THE AGENCIES TASKED TO CONDUCT A NUMBER OF INVESTIGATING ACTIVITIES
Article 19.- Investigating powers of the Border Guard
1. If the Border Guard, when performing the tasks in its management domain, detect the crimes prescribed in Chapter XI and Articles 119, 120, 153, 154, 172, 180, 181, 188, 192, 193, 194, 195, 196, 230, 232, 236, 264, 273, 274 and 275 of the Penal Code committed in the land border areas, coasts, islands and sea areas managed by the Border Guard, the director of the Border Guard Reconnaissance Department, the provincial/municipal Border Guard commanders, the chiefs of border-guard stations shall have the powers:
a) For less serious crimes caught in the act with clear evidences and personal records of offenders, to issue decisions to institute the cases, examine the scenes, conduct searches, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, call for expertise when necessary, initiate criminal proceedings against the accused, take other investigating measures as provided for by the Criminal Procedure Code, complete the investigation and transfer the case files to the competent procuracies within twenty days as from the date of issuing decisions to institute the cases;
b) For serious, very serious, exceptionally serious crimes or less serious but complicated crimes, to issue decisions to institute the cases, examine the scenes, conduct searches, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases; when deeming it necessary to immediately prevent offenders from escape, destruction of exhibits or further commission of crimes, to immediately send such persons to police offices and ask for the urgent arrest warrants of the competent bodies; to transfer the case files to competent investigating agencies within seven days as from the date of issuing decisions to institute the cases;
c) To apply preventive measures according to the provisions of the Criminal Procedure Code.
2. The director of the Border Guard Reconnaissance Department, the provincial/municipal Border Guard commanders, the border-guard station chiefs shall directly organize and direct the investigating activities, decide to assign or replace their respective deputies in investigation of criminal cases, inspect the investigating activities, decide to change or annul groundless and illegal decisions of their deputies, settle denunciations according to the provisions of the Criminal Procedure Code.
When the director of the Border Guard Reconnaissance Department, the provincial/municipal Border Guard commanders or border-guard station chiefs are absent, one of their deputies shall be authorized to perform the their powers prescribed in this Clause and must bear responsibility before their heads for the assigned tasks.
3. When assigned to investigate criminal cases, the deputy-director of the Border Guard Reconnaissance Department, the provincial/municipal Border Guard deputy-commanders and the border-guard station deputy-chiefs may apply the investigating measures prescribed in Clause 1 of this Article.
...
...
...
Article 20.- Investigating powers of the Customs
1. If the Customs offices, when performing tasks in their management domain, detect the crimes prescribed in Articles 153 and 154 of the Penal Code, the director of the Smuggle Investigation Department, the director of the Post-Customs Clearance Inspection Department, the directors of the provincial/municipal Customs Departments, the heads of the border-gate Customs Sub-Departments shall have the powers:
a) For less serious crimes caught in the act with clear evidences and personal records of offenders, to issue decisions to institute the cases, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, to conduct body searches, search of storage places in the customs control areas, to call for expertise when necessary, to initiate criminal proceedings against the accused, take other investigating measures as provided for by the Criminal Procedure Code, to complete investigations and transfer the case files to the competent procuracies within twenty days as from the date of issuance of decisions to institute the cases;
b) For serious, very serious, exceptionally serious crimes or less serious but complicated crimes, to issue decisions to institute the cases, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, to conduct body searches, search of storage places in the areas controlled by the Customs, transfer the case files to the competent investigating agencies within seven days after the issuance of the decisions to institute the cases.
2. The director of the Smuggle Investigation Department, the director of the Post-Customs Clearance Inspection Department, the directors of the provincial/municipal Customs Departments, the heads of the border-gate Customs Sub-Departments shall directly organize and direct the investigating activities, decide to assign or replace their deputies in the investigation of criminal cases, inspect the investigating activities, decide to change or annul groundless and illegal decisions of their deputies, to settle denunciations according to the Criminal Procedure Code.
When the director of the Smuggle Investigation Department, the director of the Post-Customs Clearance Inspection Department, the directors of the provincial/municipal Customs Departments or the heads of the border-gate Customs Sub-Departments are absent, one of their deputies shall be authorized to perform their powers prescribed in this Clause and such deputies must take responsibility before their heads for the assigned tasks.
3. When assigned to investigate criminal cases, the deputy-directors of the Smuggle Investigation Department, the deputy-directors of the Post-Customs Clearance Department, the deputy-directors of the provincial/municipal Customs Departments, the deputy-heads of the border-gate Customs Sub-Departments may apply the investigating measures prescribed in Clause 1 of this Article.
4. The director and deputy-directors of the Smuggle Investigation Department, the director and deputy-directors of the Post-Customs Clearance Inspection Department, the directors and deputy-directors of the provincial/municipal Customs Departments, the heads and deputy-heads of the border-gate Customs Sub-Departments must be answerable before law for their acts and decisions.
Article 21.- Investigating powers of the Ranger
...
...
...
a) For less serious crimes caught in the act with clear evidences and personal records of offenders, to issue decisions to institute the cases, examine the scenes, conduct searches, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, call for expertise when necessary, to initiate criminal proceedings against the accused, take other investigating measures as provided for by the Criminal Procedure Code, complete the investigations and transfer the case files to competent procuracies within twenty days after the issuance of decisions to institute the cases;
b) For serious, very serious, exceptionally serious crimes or less serious but complicated crimes, to issue decisions to institute the cases, examine the scenes, conduct searches, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, transfer the case files to competent investigating agencies within seven days after the issuance of decisions to institute the cases.
2. The director of the Ranger Department, the directors of Ranger Sub-Departments, the heads of the Ranger Sections, the heads of the Forest Products Inspection Sections shall directly organize and direct the investigating activities, decide to assign or replace their deputies in the investigation of criminal cases, to inspect the investigating activities, to decide to change or annul groundless or illegal decisions of their deputies, to settle denunciations according to the provisions of the Criminal Procedure Code.
When the director of the Ranger Department, the directors of the Ranger Sub-Departments, the heads of the Ranger Sections, the heads of the Forest Products Inspection Sections are absent, one of their deputies shall be authorized to perform their powers prescribed in this Clause and must bear responsibility to their heads for the assigned tasks.
3. When assigned to investigate criminal cases, the deputy-directors of the Ranger Department, the deputy-directors of the Ranger Sub-Departments, the deputy-heads of the Ranger Sections and the deputy-heads of the Forest Products Inspection Sections may apply the investigating measures prescribed in Clause 1 of this Article.
4. The director and deputy-directors of the Ranger Department, the directors and deputy-directors of the Ranger Sub-Departments, the heads and deputy-heads of the Ranger Sections, the heads and deputy-heads of the Forest Products Inspection Sections must be answerable before law for their acts and decisions.
Article 22.- Investigating powers of the Coast Guard force
1. If the Coast Guard units, when performing tasks in their management domain, detect the crimes prescribed in Chapter XI and Articles 153, 154, 172, 183, 188, 194, 195, 196, 212, 213, 221, 223, 230, 231, 232, 236, 238, 273 and 274 of the Penal Code committed in the sea areas and continental shelf of the Socialist Republic of Vietnam, which are managed by the Coast Guard, the director of the Department, the regional commanders, the fleet commanders, the flotilla commanders and the heads of Coast Guard teams shall have the powers:
a) For less serious crimes caught in the act with clear evidences and personal records of offenders, to issue decisions to institute the cases, examine the scenes, conduct searches, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, to call for expertise when necessary, to initiate criminal proceedings against the accused, take other investigating measures as provided for by the Criminal Procedure Code, complete the investigations and transfer the case files to competent procuracies within twenty days after the issuance of decisions to institute the cases;
...
...
...
c) To apply preventive measures as prescribed by the Criminal Procedure Code.
2. The director of the Department, the regional commanders, the fleet commanders, the flotilla commanders and leaders of the Coast Guard teams shall directly organize and direct the investigating activities, decide to assign or replace their deputies in the investigation of criminal cases, inspect the investigating activities, decide to change or annual groundless and illegal decisions of their deputies, settle denunciations under the provisions of the Criminal Procedure Code.
When the director of the Coast Guard Department, regional commanders, fleet commanders, flotilla commanders and Coast Guard team leaders are absent, they shall authorize one of their deputies to perform their powers prescribed in this Clause and such deputies must bear responsibility to their heads for the assigned tasks.
3. When assigned to investigate criminal cases, the deputy-directors of the Department, the regional deputy-commanders, the fleet deputy-commanders, the flotilla deputy-commanders and Coast Guard team deputy-leaders may apply the investigating measures prescribed in Clause 1 of this Article.
4. The director and deputy-directors of the Department, the regional commanders and deputy-commanders, the fleet commanders and deputy-commanders, the flotilla commanders and deputy-commanders, the Coast Guard team leaders and deputy-leaders must be answerable before law for their acts and decisions.
1. If the Road-Railway Traffic Police Department, the Waterway Traffic Police Department, the Fire-Fighting Police Department, the Police Department for Administrative Management of Social Order, the Guard and Judicial Assistance Police Department, the Road-Railway Traffic Police Sections, the Waterway Traffic Police Sections, the Fire-Fighting Police Sections, the police sections for administrative management of social order, the guard and judicial assistance police sections, the remand homes, the detention camps, while performing their respective tasks, detect signs of crimes falling under the investigating competence of the investigating police agencies prescribed in Article 11 of this Ordinance, the director of the Road-Railway Traffic Police Department, the director of the Waterway Traffic Police Department, the director of the Fire-Fighting Police Department, the director of the Police Department for Administrative Management of Social Order, the director of the Guard and Judicial Assistance Police Department, the heads of the Road-Railway Traffic Police Sections, the heads of the Waterway Traffic Police Sections, the heads of the Fire-Fighting Police Sections, the heads of the police sections for administrative management of social order, the heads of the police sections for guard and judicial assistance, the superintendents of remand homes, detention camps shall issue decisions to institute the cases, take testimonies, examine the scenes, conduct searches, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, transfer the case files to competent investigating police agencies within seven days after the issuance of decisions to institute the cases.
2. The Department directors and section directors prescribed in Clause 1 of this Article, the remand home superintendents, detention camp superintendents shall directly organize and direct the investigating activities, decide to assign or replace their deputies in the investigation of criminal cases, inspect the investigating activities, decide to change or annul groundless and illegal decisions of their deputies, settle denunciations according to the provisions of the Criminal Procedure Code.
When the Department directors, section heads, remand home superintendents, detention camp superintendents are absent, one of their deputies shall be authorized to perform the heads' powers prescribed in this Clause and such deputies shall bear responsibility to their heads for the assigned tasks.
...
...
...
4. The Department directors and deputy directors, the section heads and deputy heads, the remand home superintendents and deputy-superintendents, the detention camp superintendents and deputy-superintendents must be answerable before law for their acts and decisions.
1. If security departments or security sections of the provincial-level Police Departments, which are directly engaged in the struggle to prevent and combat the crimes prescribed in Article 12 of this Ordinance, detect criminal signs while performing their tasks, the directors of such departments or the heads of such sections shall issue decisions to institute the cases, take testimonies, examine the scenes, conduct searches, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases; when deeming it necessary to immediately prevent offenders from escape, destruction of exhibits or further commission of crimes, they must immediately escort such persons to police offices and ask for the urgent arrest warrants of competent bodies; within seven days after the issuance of the decisions on case institution, they must transfer the case files to competent investigating security agencies.
If the security teams in the district-level police sections, while performing their tasks, detect signs of crimes falling under the investing competence of the investigating security agencies of the provincial-level Police Departments, they must immediately hunt for the escapees, take testimonies, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases and promptly report thereon to the provincial-level investigating security agencies.
2. The directors of the Departments, the heads of the sections, defined in Clause 1 of this Article, shall directly organize and direct the investigating activities, decide to assign or replace their deputies in the investigation of criminal cases, inspect the investigating activities, decide to replace or annul the groundless and illegal decisions of their deputies, settle denunciations under the provisions of the Criminal Procedure Code.
When the directors of the security departments, the heads of the security sections of the provincial-level Police Departments are absent, one of their deputies shall be authorized to perform the heads' powers specified in this Clause and must bear responsibility to their heads for the assigned tasks.
3. When assigned to investigate criminal cases, the deputy-directors of the security departments, the deputy-heads of the security sections of the provincial-level Police Departments may apply the investigating measures prescribed in Clause 1 of this Article.
4. The Department directors and deputy directors, the section heads and deputy heads must be answerable before law for their acts and decisions.
...
...
...
When the remand home superintendents or the detention camp superintendents are absent, one of their deputies shall be authorized to perform their heads' powers specified in this Clause and bear responsibility to their heads for the assigned tasks.
2. The commanders of independent regiment- or equivalent-level units, when detecting criminal acts which fall under the investigating competence of the investigating agencies in the People's Army and occur within the areas where their respective units are stationed, shall have the right to make records on crimes caught in the act, take testimonies, conduct searches, confiscate, temporarily seize and preserve exhibits, documents directly related to the cases, apply the preventive measures under the provisions of the Criminal Procedure Code, promptly transfer the case files to the competent investigating agencies.
3. The remand home superintendents, the detention camp superintendents, commanders of independent regiment- or equivalent-level units must be answerable before law for their acts and decisions.
RELATIONSHIP OF ASSIGNMENT AND COORDINATION IN INVESTIGATING ACTIVITIES
1. The relations among investigating agencies, between investigating agencies and the agencies tasked to conduct a number of investigating activities or among agencies tasked to conduct a number of investigating activities are the relations of assignment and coordination in investigating activities.
The written requests of investigating agencies must be strictly implemented by agencies tasked to conduct a number of investigating activities.
2. For cases showing criminal signs, where the investigating competence is not yet identified, the investigating agencies which detect them first shall have to promptly apply the investigating measures under the provisions of the Criminal Procedure Code; when the investigating competence is identified, the cases shall be transferred to the competent investigating agencies as provided for by the Criminal Procedure Code.
...
...
...
4. The people's police, people's security or military police units shall have to provide supports and act upon requests of the heads, deputy-heads of investigating agencies, inspectors and the heads or deputy-heads of the agencies tasked to conduct a number of investigating activities in the investigating activities.
Article 27.- Investigation entrustment
When necessary, an investigating agency may entrust another investigating agency to conduct a number of investigating activities. An entrustment decision must clearly state the specific requirements. The entrusted investigating agency has the responsibility to fully perform the entrusted tasks within the time limit requested by the entrusting investigating agency.
In cases where the entrusted investigating agency cannot perform any or all of the entrusted tasks, they must immediately notify such in writing to the entrusting investigating agency and clearly state the reasons therefor.
Article 28.- Settlement of disputes over investigating competence
1. When there appear disputes over the investigating competence among the investigating agencies, the heads of the procuracies of the same level of the localities where the crimes are committed or where the crimes are detected shall decide.
2. When there appear disputes over the investigating competence among the Border Guard, the Customs, the Ranger, the Coast Guard, the heads of the competent procuracies of the localities where the cases occur shall decide.
In case of necessity, the competent investigating agencies shall have the right to request the agencies tasked to conduct a number of investigating activities to transfer the case files for their direct investigations. The investigating agencies' requests are binding on the agencies tasked to conduct a number of investigating activities.
...
...
...
Investigators are persons appointed under law provisions to perform the tasks of investigating criminal cases.
Article 30.- Criteria of investigators
1. Vietnamese citizens who are loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, have good virtues, are non-corrupted and honest, have security university, policy university or law university degree, investigating operation certificates, have the practical work duration prescribed by this Ordinance, have good health to ensure the performance of assigned tasks can be appointed to be investigators.
In cases where due to operation demands, persons having university degrees in other disciplines, satisfying the above criteria and possessing investigating operation certificates may also be appointed to be investigators.
2. The investigators are classified into three grades, being elementary investigators, intermediate investigators and senior investigators:
a) Those who satisfy the criteria prescribed in Clause 1 of this Article, have been engaged in law-related work for four years or more, are police officers or army officers in active service, people’s procuracy officials, capable of investigating cases involving less serious or serious offenses can be appointed to be elementary investigators;
b) Those who satisfy the criteria prescribed in Clause 1 of this Article, have worked as elementary investigators for at least five years, are capable of investigating cases involving very serious or exceptionally serious offenses and capable of guiding investigating activities of elementary investigators can be appointed to be intermediate investigators.
In case of personnel demands, the persons who satisfy the criteria prescribed in Clause 1 of this Article, have been engaged in law-related work for nine years or more, are capable of investigating cases involving very serious or exceptionally serious offenses and capable of guiding investigating activities of elementary investigators can be appointed to be intermediate investigators;
...
...
...
In case of personnel demands, the persons who satisfy the criteria prescribed in Clause 1 of this Article, have been engaged in law-related work for fourteen years of more, are capable of studying, synthesizing and proposing anti-crime measures, capable of investigating cases involving very serious, exceptionally serious, complicated offenses, capable of guiding investigating activities of elementary investigators and intermediate investigators can be appointed to be senior investigators.
3. In special cases, the persons who are seconded by competent agencies or organizations to work at investigating agencies, though having not yet possessed the investigating operation certificates and having not yet got enough the time prescribed at Point b or Point c, Clause 2 of this Article, and satisfy all other criteria prescribed in Clause 1, Point b or Point c of Clause 2 of this Article can also be appointed to be intermediate investigators or senior investigators.
4. The investigators' term of office is five years counting from the date of their appointment.
Article 31.- Investigator selection councils
1. The councils for selection of senior investigators, intermediate investigators and elementary investigators in the People's Police:
a) The council for selection of senior investigators in the People's Police and intermediate investigators and elementary investigators in the investigating agencies of the Ministry of Public Security is composed of the general director of the General Department for Building the People's Police Force as its chairman, leading officials of the investigating police agency, the investigating security agency, the Organization and Personnel Department and the Legal Department of the Ministry of Public Security as its members.
b) The council for selection of intermediate investigators, elementary investigators in the investigating agencies of the provincial-level Police Departments and the investigating police agencies of the district-level Police Sections is composed of the director of the provincial-level Police Department as its chairman, the representatives of the leaderships of the investigating police agencies, the investigating security agencies, the organization and personnel section and the office of the provincial-level Police Department as its members;
c) The lists of members of the councils for selection of investigators in the People's Police shall be decided by the Minister of Public Security at the proposal of the council chairmen.
2. The council for selection of investigators in the People's Army is composed of the director of the General Political Department as its chairman, the representatives of the leaderships of the Criminal Investigation Agency, the Investigating Security Agency, the Personnel Department and the Legal Department of the Defense Ministry as its members.
...
...
...
3. The council for selection of investigators at the Supreme People's Procuracy shall be composed of a deputy-chairman of the Supreme People's Procuracy as its chairman, representatives of the Procurators' Committee of the Supreme People's Procuracy, the Central Military Procuracy, the investigating agency and the Organization-Personnel Department of the Supreme People's Procuracy as its members.
The chairman of the Supreme People's Procuracy shall appoint one of his/her deputies to act as chairman of the selection council. The list of members of the council for selection of investigators in the Supreme People's Procurary shall be decided by the chairman of the Supreme People's Procuracy at the proposal of the selection council chairman.
Article 32.- Tasks and powers of the investigator selection councils
The investigator selection councils shall have the following tasks and powers:
1. To select fully qualified persons for acting as investigators at the proposal of the organization-personnel offices so that the council chairmen shall propose the Minister of Public Security, the Defense Minister or the chairman of the Supreme People's Procuracy to appoint them;
2. To examine cases where investigators can be removed from office or dismissed under the provisions in Article 34 of this Ordinance so that the council chairmen shall propose the Minister of Public Security, the Defense Minister, the chairman of the Supreme People's Procuracy to remove from office or dismiss investigators.
Article 33.- Things must not be done by investigators
The investigators must not do the following things:
1. Things which State officials and employees, or people's armed force officers and combatants must not do as provided for by law:
...
...
...
3. Illegally interfering in the settlement of cases or abusing their influence to exert impacts on persons responsible for the settlement of the cases.
4. Bringing case files or documents in case files out of the offices if not for the assigned tasks or without the consents of the competent persons;
5. Receiving defendants, the accused, involved parties or other procedure participants in the cases which they have competence to settle, outside the prescribed places.
Article 34.- Appointment, removal from office, dismissal of investigators
1. The appointment, removal from office and dismissal of investigators as well as the grant and withdrawal of investigator's cards in the People's Police shall be decided by the Minister of Public Security, in the People's Army shall be decided by the Defense Minister, in the Supreme People's Procuracy shall be decided by its chairman.
2. Investigators shall be automatically relieved from the investigator's title when they retire or move to other jobs.
Investigators may be relieved from the investigator's title for health reason, family difficulties or other reasons for which they deem unable to fulfill their assigned tasks.
3. Investigators shall automatically lose their investigator's title when they are convicted with effective court judgments or disciplined in form of being deprived of the people's police title, of the people's army officer rank.
4. Depending on the nature and seriousness of their violations, investigators can be deprived of the investigator's title in one of the following cases:
...
...
...
b) Violating the provisions of Article 33 of this Ordinance;
c) Being disciplined in form of being removed from their current managerial positions according to law provisions on State officials and employees;
d) Violating regulations on moral qualities;
e) Committing other acts of law offense.
1. Senior investigators or intermediate investigators who are capable of organizing and/or directing the investigating activities can be appointed to be heads or deputy-heads of investigating agencies.
2. The appointment, removal from duty and dismissal, as well as the grant and withdrawal of certificates of the heads or deputy heads of investigating agencies in the People's Police shall be decided by the Minister of Public Security, in the People's Army shall be decided by the Defense Minister and in the Supreme People's Procuracy shall be decided by its chairman.
ENSURING ACTIVITIES OF INVESTIGATING AGENCIES
...
...
...
1. Investigators shall enjoy salary, allowances and other regimes as well as interests as provided for by law.
2. While conducting investigations, the investigators shall be given priority in the purchase of tickets for travel on public transportation means, be exempt from bridge, ferry, road tolls, traffic charge in cities, provincial capitals.
In case of necessity to ward off criminal acts, chase after criminals, rescue victims, the investigators are entitled to use traffic, communications means of agencies, organizations and individuals, including operators of such means, excluding means of diplomatic representations, foreign consulates, representative offices of international organizations and of persons entitled to diplomatic or consular privileges and immunities and must immediately return the means when the emergency circumstances no longer exist; in case of causing damage, the investigating agencies shall have to pay compensations therefor according to law provisions.
Article 37.- Funds for investigating activities
1. Funds for investigating activities constitute an amount in the State budget.
The estimation, management, allocation, use and settlement of funds for investigating activities shall comply with the legislation on the State budget.
2. The State shall prioritize the investment in development of information technology and other means to ensure that the investigating agencies well perform their functions and tasks.
...
...
...
This Ordinance replaces the April 4, 1989 Ordinance on Organization of Criminal Investigations.
The Government and the Supreme People's Procuracy shall, within the scope of their tasks and powers, have to detail and guide the implementation of this Ordinance.
ON BEHALF OF THE NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nguyen Van An
- 1 Circular No. 41/2009/TT-BCA-V19 of July 2, 2009, supplementing the Ministry Of Public Security's Circular No. 12/2004/TT-BCA(V19) of September 23, 2004, guiding a number of provisions of the 2004 ordinance on organization of criminal investigation within the People's Public Security Force
- 2 Law No. 19/2003/QH11 of November 26, 2003 criminal procedure code
- 3 Resolution no. 51/2001/NQ-QH10 of December 25, 2001 on amendments and supplements to a number of articles of the 1992 constitution of the socialist republic of Vietnam
- 4 Penal code No. 15/1999/QH10 of December 21, 1999
- 5 1992 Constitution of the Socialist Republic of Vietnam