Luật Tổ chức cơ quan điều tra hình sự tiếng anh: Law on Organization of Criminal Investigation Bodies.
Tải về Luật Tổ chức cơ quan điều tra hình sự tiếng anh: TẠI ĐÂY
THE NATIONAL ASSEMBLY
------- |
THE SOCIALIST REPUBLIC OF
VIETNAM
Independence - Freedom - Happiness |
No. 99/2015/QH13
|
Hanoi, November 26, 2015
|
LAW
ON ORGANIZATION OF CRIMINAL
INVESTIGATION BODIES
The
National Assembly promulgates the Law on Organization of Criminal Investigation
Bodies.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This
Law provides the principles for organization of criminal investigations; the
organizational apparatus, tasks and powers of investigating bodies; the tasks
and powers of agencies assigned to conduct a number of investigating
activities; investigators and other job titles in criminal investigation; the
division of responsibility for, and coordination and control in, criminal
investigation; the assurance of conditions for criminal investigation
activities and the responsibilities of related agencies, organizations and
individuals.
Article 2. Subjects of application
1.
Investigating bodies and agencies tasked to conduct a number of investigating
activities.
2.
Heads, deputy heads, investigators, investigating officers of investigating
bodies; heads, deputy heads and investigating officers of agencies tasked to
conduct a number of investigating activities.
3.
Related agencies, organizations and individuals.
Article 3.
Principles of organization of criminal investigations
1.
Compliance with the Constitution and law.
2.
Assurance of the centralized, unified and effective direction and command; the
clear and specialized division of responsibilities and decentralization of
powers, overlapping avoidance and strict control; the timely, prompt, accurate,
objective, comprehensive and adequate investigations, without leaving any
crimes unpunished and injustice done to innocent people.
3.
Submission of subordinate investigating bodies to the professional guidance and
direction of their superior investigating bodies; accountability of individuals
to their superiors and law for their acts and decisions.
4.
Performance of criminal investigation activities only by competent agencies or
persons defined in this Law.
Article 4. System of investigating bodies
1.
Investigating bodies of the People’s Public Security.
2.
Investigating bodies of the People’s Army.
3.
Investigating bodies of the Supreme People’s Procuracy.
Article 5. Investigating bodies of the People’s Public
Security
1. The
Investigating Security Office of the Ministry of Public Security; the
investigating security offices of the Public Security Departments of provinces
or centrally run cities (below referred collectively to as the investigating
security offices of the provincial-level Public Security Departments).
2. The
Investigating Police Office of the Ministry of Public Security; the investigating
police offices of the Public Security Departments of provinces or centrally run
cities (below referred collectively to as investigating police offices of the
provincial-level Public Security Departments); the investigating police offices
of the Public Security Sections of rural districts, urban districts, towns,
provincial cities, cities of centrally run cities (below referred collectively
to as the district-level investigating police offices).
Article 6.
Investigating bodies of the People’s Army
1. The
Investigating Security Office of the Ministry of National Defense; the
investigating security offices of military zones and the equivalent.
2. The
Criminal Investigation Office of the Ministry of National Defense; the criminal
investigation offices of military zone and the equivalent; the regional
criminal investigation offices.
Article 7. Investigating bodies of the Supreme People’s
Procuracy
1. The
Investigating Office of the Supreme People’s Procuracy.
2. The
investigating office of the Central Military Procuracy.
Article 8. Tasks and powers of investigating bodies
1. To
receive and settle denunciations and reports on crimes and to propose the
institution of criminal cases.
2. To
receive case files transferred by agencies tasked to conduct a number of
investigating activities.
3. To
investigate crimes, apply every measure prescribed by law to detect and
identify crimes and offenders; to compile files and propose the prosecution.
4. To
identify causes of, conditions for, commission of crimes and request concerned
agencies and organizations to apply remedial and deterrent measures.
Article 9. Agencies tasked to conduct a number of
investigating activities
1. The
border-guard agencies tasked to conduct a number of investigating activities
include the Border-Guard Reconnaissance Department; the Drug and Crime
Prevention and Control Department; the Crime and Drug Prevention and Control
Task Force; provincial-level Border- Guard Command Posts; Port Border-Gate
Guard Command Posts; and Border-Guard Stations.
2. The
customs offices tasked to conduct a number of investigating activities include
the Anti- Smuggling Investigation Department; the Post-Customs Clearance
Inspection Department; provincial, inter-provincial and municipal Customs
Departments; and Border-Gate Customs Sub-Departments.
3. The
forest protection offices tasked to conduct a number of investigating
activities include the Forest Protection Department; Regional Forest Protection
Sub-Departments; provincial-level Forest Protection Sub-Departments; and
district-level Forest Protection Sections.
4. The
marine police agencies tasked to conduct a number of investigating activities
include the Marine Police Command Post; regional Marine Police Command Posts;
the Operation and Law Department; the Drue-Related Crime Prevention and Control
Task Force; naval fleets; naval flotillas; and operation teams.
5. The
fisheries surveillance offices tasked to conduct a number of investigating
activities include the Fisheries Surveillance Department and regional Fisheries
Surveillance Sub-Departments.
6. The
People’s Public Security offices tasked to conduct a number of investigating
activities include the Immigration Department; the Security Operation
Departments of the Ministry of Public Security; the Immigration Sections; the
Security Operation Sections of the Public Security Departments of provinces or
centrally run cities (below referred collectively to as the
provincial-level Public Security Departments) and the security teams of the
Public Security Sections of rural districts, urban districts, towns, provincial
cities, cities of centrally run cities (below referred collectively to as the
district-level Public Security Sections); the Traffic Police Department; the
Fire Prevention and Fighting, Salvage and Rescue Police Department; the
Environment-Related Crime Prevention and Control Department; the Hi-Tech Crime
Prevention and Control Department; the Traffic Police Sections; the Fire
Prevention and Fighting, Salvage and Rescue Police Sections; the
Environment-Related Crime Prevention and Fighting Police Sections; the Hi-Tech
Crime Prevention and Control Police Sections; the provincial-level Fire
Prevention and Fighting Police Departments; and the detention camps.
7.
Other People’s Army offices tasked to conduct a number of investigating
activities include detention camps, independent units of regiment and the
equivalent.
Article 10. Tasks and powers of agencies tasked to conduct
a number of investigating activities
Agencies
tasked to conduct a number of investigating activities, when performing tasks
in the fields under their management and receipt of denunciations or reports on
crimes or detecting criminal acts serious enough for penal liability
examination, shall conduct activities of examination, verification and investigation
in accordance with the Criminal Procedure Code and this Law.
Article 11. Supervision of the law observance in
investigating activities
1. The
procuracies shall supervise the law observance in investigating activities with
a view to ensuring that the investigating activities of the investigating
bodies and agencies tasked to conduct a number of investigating activities
comply with the Criminal Procedure Code and this Law; detect in time and
request or propose the investigating bodies or agencies tasked to conduct a
number of investigating activities to redress law violations in investigating
activities.
2. The
investigating bodies and the agencies tasked to conduct a number of
investigating activities shall comply with requests and decisions of the
procuracies in accordance with the Criminal Procedure Code; examine, settle and
reply to requests of the procuracies in accordance with law.
Article 12. Responsibilities of agencies, organizations and
individuals in criminal investigation activities
1. Agencies,
organizations and individuals have the right and duty to detect, denounce and
report on criminals, criminal acts, to propose the institution of criminal
cases; have the responsibility to implement requests and decisions of, and
create conditions for, the investigating bodies, agencies tasked to conduct a
number of investigating activities and persons competent to conduct criminal
investigation to perform their tasks and exercise their powers in criminal
investigation activities.
2.
State agencies shall immediately notify the investigating bodies of every
criminal act occurring in their offices and the fields under their respective
management; have the right to request and transfer relevant documents to the
investigating bodies for examination and institution of criminal cases against
offenders; comply with the requests of, and create conditions for, the
investigating bodies, agencies tasked to conduct a number of investigating
activities or persons competent to conduct criminal investigation to perform
their investigating tasks.
3.
Investigating bodies and agencies tasked to conduct a number of investigating
activities shall receive, examine and settle denunciations and reports on
crimes, propose the institution of criminal cases; notify the settlement
results to agencies, organizations and individuals that have denounced or
reported on crimes and apply necessary measures to protect crime denouncers.
Article 13. Supervision by people-elected bodies,
organizations and deputies of criminal investigation activities
The
National Assembly and its agencies, delegations of National Assembly deputies,
National Assembly deputies, People’s Councils, People’s Council deputies,
Vietnam Fatherland Front Committees and member organizations of the Front shall
supervise investigating activities of the investigating bodies and agencies
tasked to conduct a number of investigating activities, persons competent to
conduct criminal investigation in accordance with law.
Within
the scope of their respective responsibilities, the investigating bodies and
agencies tasked to conduct a number of investigating activities shall examine
and settle requests and proposals and notify the settlement results to
agencies, organizations and individuals that have made such requests or proposals
in accordance with law.
Article 14. Prohibited acts
1.
Falsifying case files; conducting criminal liability examination against
persons who do not commit criminal acts; failing to conduct penal liability
examination against persons who commit criminal acts which are subject to
criminal liability examination; issuing decisions in contravention of law;
forcing other persons to act against the law; disclosing case investigation
secrets; illegally intervening into the criminal investigation.
2.
Forcing persons to give testimonies, applying corporal punishment and forms of
torture or barbarous and inhuman treatment, penalties or humiliation or any
acts infringing upon the legitimate rights and interests of agencies,
organizations and individuals.
3.
Preventing arrestees,
persons held in custody or the accused from
exercising their right to self-defense, asking lawyers or other persons to
defend them or render legal aid; from filing complaints or denunciations; or
from receiving compensations for material and spiritual damage or getting honor
rehabilitation.
4.
Preventing defense counsels or legal aid providers from making the defense or
providing legal aid in accordance with law.
5.
Opposing, hindering or organizing, inducing, inciting or forcing others to
oppose or hinder criminal investigation activities; infringing upon the lives,
health, honor, dignity and property of official-duty performers in criminal
investigation.
Chapter II
ORGANIZATIONAL APPARATUS,
TASKS AND POWERS OF INVESTIGATING BODIES OF THE PEOPLE’S PUBLIC SECURITY
Section 1.
ORGANIZATIONAL APPARATUS, TASKS AND POWERS OF THE INVESTIGATING SECURITY
OFFICES
Article 15. Organizational apparatus of the investigating
security offices
1. The
organizational apparatus of the Investigating Security Office of the Ministry
of Public Security is composed of investigating sections, operation sections
and its office.
2. The
organizational apparatus of an investigating security office of a
provincial-level Public Security Department is composed of investigating teams,
operation teams and an apparatus assisting the investigating security office.
Article 16. Tasks and powers of the Investigating Security
Office of the Ministry of Public Security
1. To
organize anti-criminal on-duty activities, receive denunciations and reports on
crimes, and propose the institution of criminal cases; to classify and directly
handle denunciations and reports on crimes, and propose the institution of
criminal cases, which fall under its jurisdiction or promptly transfer them to
competent bodies for settlement.
2. To
conduct the criminal investigation into particularly serious or complicated
crimes involving more than one province or centrally run city or foreigner,
which fall under the investigating jurisdiction of the investigating security
offices of the provincial-level Public Security Departments defined in Clause
2, Article 17 of this Law if deeming it necessary to directly conduct the
investigation; particularly serious cases falling under the investigating
jurisdiction of the investigating security offices of the People’s Public
Security, which are abrogated by the Judicial Council of the Supreme People’s
Court for re-investigation.
3. To
guide and direct the investigating operation and examine the law observance and
professional operation in investigating and crime-handling activities of the
investigating security offices of the provincial-level Public Security
Departments; to guide offices of the People’s Security forces of the People’s
Public Security, which are tasked to conduct a number of investigating
activities, in doing so.
4. To
propose concerned agencies and organizations to apply measures to redress the
causes of, and conditions giving rise to, crimes.
5. To
organize preliminary and final reviews of receipt and handling of denunciations
and reports on crimes and proposal on institution of criminal cases and crime
investigation and handling within the ambit of tasks and powers of the
Investigating Security Office of the People’s Public Security.
6. To
settle complaints and denunciations in accordance with the Criminal Procedure
Code.
Article 17.
Tasks and powers of the investigating security offices of the provincial-level
Public Security Departments
1. To
organize anti-criminal on-duty activities, receive denunciations and reports on
crimes, and propose the institution of criminal cases; to classify and directly
handle denunciations and reports on crimes and propose the institution of
criminal cases, which fall under their respective jurisdiction or promptly
transfer them to competent bodies for settlement.
2. To
conduct criminal investigation into the crimes prescribed in Chapter XIII,
Chapter XXVI and the crimes prescribed in Articles 207, 208, 282, 283, 284,
299, 300, 303, 304, 305, 309, 337, 338, 347, 348, 349 and 350 of the Penal
Code, when those crimes fall under the adjudicating jurisdiction of the
people’s courts; to conduct criminal investigation into other crimes infringing
upon national security or for assurance of objective investigation as assigned
by the Minister of Public Security.
3. To
guide the offices of the People’s Security forces of the provincial-level
Public Security Departments, which are tasked to conduct a number of
investigating activities, in conducting such activities.
4. To
propose concerned agencies and organizations to apply measures to address
causes of, and conditions giving rise to, crimes.
5. To organize preliminary and
final reviews of the receipt and handling of denunciations and reports on
crimes and proposal on the institution of criminal cases, and the crime
investigation and handling activities of the People's Security forces of the
provincial-level Public Security Departments and report thereon to the head of
the Investigating Security Office of the Ministry of Public Security.
6. To
settle complaints and denunciations in accordance with the Criminal Procedure
Code.
Section 2.
ORGANIZATIONAL APPARATUS, TASKS AND POWERS OF THE INVESTIGATING POLICE OFFICES
Article 18. Organizational apparatus of the investigating
police offices
1. The
organizational apparatus of the Investigating Police Office of the Ministry of
Public Security is composed of:
a/ Its
office;
b/ The
Social Order-Related Crime Investigating Police Department (called Criminal
Police Department for short);
c/ The
Corruption, Economy and Position-Related Crime Investigating Police Department;
d/ The
Drug-Related Crime Investigating Department-
dd/
The Police Department for Investigation of Crimes related to Smuggling, Illegal
Cross- Border Transportation of Goods, Manufacture and Trading of Counterfeit
Goods, Banned Goods and Goods Infringing Upon the Intellectual Property Rights
(called the Smuggling-Related Crime Investigating Police Department for short).
2. The
organizational apparatus of an investigating police office of a provincial-level
Public Security Department is composed of:
a/ Its
office;
b/ The
Social Order-Related Crime Investigating Police Section (called Criminal Police
Section for short);
c/ The
Corruption, Economy and Position-Related Crime Investigating Police Section;
d/ The
Drug-Related Crime Investigating Section;
dd/
The Police Section for Investigation of Crimes related to Smuggling, Illegal
Cross- Border Transportation of Goods, Manufacture and Trading of Counterfeit
Goods, Banned Goods and Goods Infringing Upon the Intellectual Property Rights
(called the Smuggling-Related Crime Investigating Police Section for short).
3. The
organizational apparatus of an investigating police office of a district-level
Public Security Section is composed of:
a/ The
General Investigation Team;
b/ The
Social Order-Related Crime Investigating Police Team (called Criminal Police
Team for short);
c/ The
Economy and Position-Related Crime Investigating Police Team;
d/ The
Drug-Related Crime Investigating Police Team.
Based
on the crime situation and practical requirements, the Minister of Public
Security shall decide to set up from one to four teams in an investigating
police office of a district-level Public Security Section as defined in this
Clause; and decide to disband, merge or consolidate teams in the investigating
police offices of the district-level Public Security Sections.
Article 19. Tasks and powers of the Investigating Police
Office of the Ministry of Public Security
1. To
organize anti-criminal on-duty activities, receive denunciations and reports on
crimes and propose the institution of criminal cases; to classify and handle
denunciations and reports on crimes and propose the institution of criminal
cases, which fall under its settling jurisdiction or immediately transfer them
to competent bodies for settlement.
2. To
conduct investigation into criminal cases falling under the investigating
jurisdiction of the investigating police offices of the provincial-level Public
Security Departments, regarding particularly serious and complicated crimes
occurring in many provinces and centrally run cities or trans-national
organized crimes, if deeming it necessary to directly conduct the
investigation; particularly serious cases falling under the investigating
jurisdiction of the investigating police offices, which are abrogated by the
Judicial Council of the Supreme People’s Court for re-investigation.
3. To
guide and direct the investigating operation and examine the law observance and
professional operation in receipt and handling of denunciations and reports on
crimes, proposing the institution of criminal cases and crime investigation and
handling activities of the investigating police offices of the provincial-level
Public Security Departments and district-level Public Security Sections; to
guide offices of the People’s Police forces, which are tasked to conduct a
number of investigating activities in conducting such activities.
4. To
propose concerned agencies and organizations to apply measures to redress the
causes of, and conditions giving rise to, crimes.
5. To
organize preliminary and final reviews of receipt and handling of denunciations
and reports on crimes, proposal on the institution of criminal cases and crime
investigation and handling activities falling within the tasks and powers of
the investigating police offices of the People’s Public Security.
6. To
settle complaints and denunciations in accordance with the Criminal Procedure
Code.
Article 20. Tasks and powers of the investigating police
offices of the provincial-level Public Security Departments
1. To
organize anti-criminal on-duty activities, receive denunciations and reports on
crimes, and propose the institution of criminal cases; to classify and settle
denunciations and reports on crimes and propose the institution of criminal
cases, which fall under their respective settling jurisdiction or immediately
transfer them to competent bodies for settlement.
2. To
conduct criminal investigation into the crimes prescribed in Clause 2, Article
21 of this Law when those crimes fall under the adjudicating jurisdiction of
the provincial-level people’s courts or the crimes falling under the
investigating jurisdiction of the investigating police offices of the
district-level Public Security Sections, which occur in many rural districts,
urban districts, towns, provincial cities or cities of centrally run cities,
organized crimes or crimes involving foreign elements, if deeming it necessary
to directly conduct the investigation.
3. To
guide and direct the investigating operation and examine the law observance and
operation in receipt and handling of denunciations and reports on crimes,
proposing the institution of criminal cases and crime investigation and
handling activities of the investigating police offices of the district-level
Public Security Sections; to guide the offices of the People’s Police force of
provincial-level Public Security Departments, which are tasked to conduct a
number of investigating activities, in conducting such activities.
4. To
propose concerned agencies or organizations to apply measures to redress the
causes of, and conditions giving arise to, crimes.
5. To
organize preliminary and final reviews of receipt and handling of denunciations
and reports on crimes, proposal on the institution of criminal cases and crime
investigation and handling activities within the functions, tasks and powers of
the investigating police offices of the provincial-level Public Security
Departments and district-level Public Security Sections.
6. To
settle complaints and denunciations in accordance with the Criminal Procedure
Code.
Article 21. Tasks and powers of the investigating police
offices of district- level Public Security Sections
1. To
organize anti-criminal on-duty activities, receive denunciations and reports on
crimes, propose the institution of criminal cases; to classify and settle
denunciations and reports on crimes, propose the institution of criminal cases,
which fall under their respective settling jurisdiction or immediately transfer
them to competent bodies for settlement.
2. To
conduct criminal investigation into the crimes prescribed in Chapters from XIV
to XXIV of the Penal Code when those crimes fall under the adjudicating
jurisdiction of the district-level people’s courts, excluding crimes under the investigating
jurisdiction of the Investigating Office of the Supreme People’s Procuracy and
the Investigating Security Office of the People’s Public Security.
3. To
propose concerned agencies or organizations to apply measures to redress the
causes of, and conditions giving rise to, crimes.
4. To
inspect and guide the public security offices of communes, wards, townships,
public security stations in performing the tasks of receiving, examining and preliminarily verifying denunciations and reports on
crimes.
5. To
organize preliminary and final reviews of receipt and handling of denunciations
and reports on crimes, proposal on the institution of criminal cases and crime
investigation and handling activities of the investigating police offices of
district-level Public Security Sections.
6. To
settle complaints and denunciations in accordance with the Criminal Procedure
Code.
Chapter III
ORGANIZATIONAL APPARATUS,
TASKS AND POWERS OF THE INVESTIGATING BODIES IN THE PEOPLE’S ARMY
Section 1.
ORGANIZATIONAL APPARATUS, TASKS AND POWERS OF INVESTIGATING SECURITY OFFICES IN
THE PEOPLE’S ARMY
Article 22. Organizational apparatus of the investigating
security offices in the People’s Army
1. The
organizational apparatus of the Investigating Security Office of the Ministry
of National Defense is composed of investigating sections, professional
sections and assisting apparatus.
2. The
organizational apparatus of a military zone or equivalent-level investigating
security office is composed of the investigating board and assisting apparatus.
Based
on the tasks and organization of the People’s Army in each period, the
Government shall propose the National Assembly Standing Committee to decide on
the establishment or dissolution of military zone or equivalent-level
investigating security offices.
Article 23.
Tasks and powers of the Investigating Security Office of the Ministry of
National Defense
1. To
organize anti-criminal on-duty activities, receive denunciations and reports on
crimes, and propose the institution of criminal cases; to classify and settle
denunciations and reports on crimes, propose the institution of criminal cases,
which fall under its settling jurisdiction or immediately transfer them to
competent bodies for settlement.
2. To
conduct the investigation into criminal cases which fall under the
investigating jurisdiction of the military zone or equivalent-level
investigating security offices and are particularly serious and complicated and
occur in many military zones or equivalent units or involving foreign elements,
if deeming it necessary to directly conduct the investigation; particularly
serious cases falling under the investigating jurisdiction of the Investigating
Security Office of the People’s Army, which are abrogated by the Judicial
Council of the Supreme People’s Court for re-investigation.
3. To
guide and direct the investigating operation and examine the law observance and
operation
in crime investigation and handling activities of military zone or
equivalent-level investigating security offices; to guide the Border-Guards,
Marine Police forces and other agencies of the People’s Army, which are tasked
to conduct a number of investigating activities, in conducting such activities
according to their competence.
4. To
propose concerned agencies and organizations to apply measures to redress the
causes of, and conditions giving rise to, crimes.
5. To
organize preliminary and final reviews of receipt and handling of denunciations
and reports on crimes, proposal on the institution of criminal cases, and crime
investigation and handling activities within the scope of tasks and powers of
the investigating security offices in the People’s Army.
6. To
settle complaints and denunciations in accordance with the Criminal Procedure
Code.
Article 24. Tasks and powers of military zone or
equivalent-level investigating security offices
1. To
organize anti-criminal on-duty activities, receive denunciations and reports on
crimes, propose the institution of criminal cases; to classify and handle
denunciations and reports on crimes, propose the institution of criminal cases
under their settling jurisdiction or immediately transfer them to competent
bodies for settlement.
2.
Military zone or equivalent-level investigating security offices shall
investigate criminal cases prescribed in Chapters XIII and XXVI and the crimes
prescribed at Articles 207, 208, 282, 283, 284, 299, 300, 303, 304, 305, 309,
337, 338, 347, 348, 349 and 350 of the Penal Code, when those crimes fall under
the adjudicating jurisdiction of the military courts.
3. To
propose concerned agencies and organizations to apply measures to redress the
causes of, and conditions giving rise to, crimes.
4. To
organize preliminary and final reviews of receipt and handling of denunciations
and reports on crimes, proposal on the institution of criminal cases and crime
investigation and handling activities of military zone or equivalent-level
investigating security offices and report thereon to the head of the
Investigating Security Office of the Ministry of National Defense.
5. To
settle complaints and denunciations in accordance with the Criminal Procedure
Code.
Section 2.
ORGANIZATIONAL APPARATUS, TASKS AND POWERS OF CRIMINAL INVESTIGATION BODIES IN
THE PEOPLE’S ARMY
Article 25. Organizational apparatus of the criminal investigation
bodies in the People’s Army
1. The
organizational apparatus of the Criminal Investigation Office of the Ministry
of National Defense is composed of its investigation sections, professional
sections and assisting apparatus.
2. The
organizational apparatus of a military zone or equivalent-level criminal
investigation office is composed of its investigation board and assisting
apparatus.
3. The
organizational apparatus of a regional criminal investigation office is
composed of its investigation section and assisting apparatus.
4.
Based on the tasks and organization of the People’s Army in each period, the
Government shall propose the National Assembly Standing Committee to decide on
the establishment, merger or dissolution of the military zone or equivalent-level
criminal investigation offices and regional criminal investigation offices.
Article 26. Tasks and powers of the Criminal Investigation
Office of the Ministry of National Defense
1. To
organize anti-criminal on-duty activities, receive denunciations and reports on
crimes, propose the institution of criminal cases; to classify and handle
denunciations and reports on crimes and propose the institution of criminal
cases falling under its settling jurisdiction or immediately transfer them to
competent bodies for settlement.
2. To
conduct the investigation into criminal cases which fall under the
investigating jurisdiction of the military zone or equivalent-level criminal
investigation offices, are particularly serious and complicated, and occur in
many military zones or equivalent units or transnational organized crimes, if
deeming it necessary to directly conduct the investigations; particularly
serious crimes falling under the investigating jurisdiction of the criminal
investigation offices in the People’s Army, which are abrogated by the Judicial
Council of the Supreme People’s Court for re-investigation.
3. To
examine, guide and direct the investigating operation and examine the law
observance in the receipt and handling of denunciations and reports on crimes,
proposal on institution of criminal cases and crime investigation and handling
activities of military zone or equivalent-level criminal investigation offices
and regional criminal investigation offices; to guide the Border- Guards,
Marine Police forces and other bodies of the People’s Army, which are tasked to
conduct a number of investigating activities, in conducting such activities
according to their competence.
4. To
propose concerned agencies and organizations to apply measures to redress the
causes of, and conditions giving rise to, crimes.
5. To
organize preliminary and final reviews of the receipt and handling of
denunciations and reports on crimes, proposal on institution of criminal cases
and crime investigation and handling activities falling within the tasks and
powers of the criminal investigation offices in the People’s Army.
6. To
settle complaints and denunciations in accordance with the Criminal Procedure
Code.
Article 27. Tasks and powers of the military zone or
equivalent-level criminal investigation offices
1. To
organize anti-criminal on-duty activities, receive denunciations and reports on
crimes, propose the institution of criminal cases; to classify and handle
denunciations and reports on crimes, propose the institution of criminal cases
according to their respective settling jurisdiction or immediately transfer
them to competent bodies for settlement.
2. To
conduct the investigation into criminal cases prescribed in Clause 2, Article
28 of this Law when such crimes fall under the adjudicating jurisdiction of the
military zone or equivalent- level military courts or crimes falling under the
investigating jurisdiction of the regional criminal investigation offices, if
deeming it necessary to directly conduct the investigation.
3. To
guide and direct the investigating operation and examine the law observance and
operation in receipt and handling of denunciations and reports on crimes,
proposal on the institution of criminal cases and crime investigation and
handling activities of the regional criminal investigation offices; to guide
other bodies of the People’s Army, which are tasked to conduct a number of
investigating activities, in conducting such activities according to their
competence.
4. To
propose concerned agencies and organizations to apply measures to redress the
causes of, and conditions giving rise to, crimes.
5. To
organize preliminary and final reviews of receipt and handling of denunciations
and reports on crimes, proposal on the institution of criminal cases, and crime
investigation and handling activities falling under the tasks and powers of
military zone or equivalent-level criminal investigation offices.
6. To
settle complaints and denunciations in accordance with the Criminal Procedure
Code.
Article 28. Tasks and powers of the regional criminal
investigation offices
1. To
organize anti-criminal on-duty activities, receive and handle denunciations and
reports on crimes, propose the institution of criminal cases; to classify and
handle denunciations and reports on crimes, propose the institution of criminal
cases according to their respective settling jurisdiction or immediately
transfer them to competent bodies for settlement.
2. To
conduct the investigation into criminal cases prescribed in Chapters from XIV
to XXV of the Penal Code when those crimes fall under the adjudicating
jurisdiction of the same-level military courts, excluding the crimes falling
under the investigating jurisdiction of the Central Military Procuracy and the
investigating security offices in the People’s Army.
3. To
propose concerned agencies and organizations to apply measures to redress the
causes of, and conditions giving rise to, crimes.
4. To
organize preliminary and final reviews of the receipt and handling of
denunciations and reports on crimes, proposal on the institution of criminal
cases and crime investigation and handling activities, which fall under the
tasks and powers of the regional criminal investigation offices.
5. To
settle complaints and denunciations in accordance with the Criminal Procedure
Code.
Chapter IV
ORGANIZATIONAL APPARATUS,
TASKS AND POWERS OF THE INVESTIGATING OFFICE OF THE SUPREME PEOPLE’S PROCURACY
Article 29. The Investigating Office of the Supreme
People’s Procuracy
1. The
Investigating Office of the Supreme People’s Procuracy is composed of
investigating sections and an assisting apparatus.
2. The
Investigating Office of the Central Military Procuracy is composed of the
Investigating Board and an assisting apparatus.
Article 30.
Tasks and powers of the Investigating Office of the Supreme People’s Procuracy
1. To
organize anti-criminal on-duty activities, receive denunciations and reports on
crimes, propose the institution of criminal cases; to classify and handle
denunciations and reports on crimes, to propose the institution of criminal
cases, which fall under its respective settling jurisdiction or immediately
transfer them to competent bodies for settlement.
2. To
conduct the investigation into crimes infringing upon judicial activities,
corruption and position-related crimes prescribed in Chapter XXIII and Chapter
XXIV of the Penal Code, which occur in judicial activities, where the offenders
are cadres or civil servants of investigating bodies, people’s courts, people’s
procuracies, judgment enforcement agencies or persons competent to conduct
judicial activities when such crimes fall under the adjudicating jurisdiction
of people’s courts.
3. To
propose concerned agencies or organizations to apply measures to redress the
causes of, and conditions giving rise to, crimes.
4. To
organize preliminary and final reviews of the receipt and handling of
denunciations and reports on crimes, proposal on the institution of criminal
cases and crime investigation and handling activities falling within the tasks
and powers of the Investigating Office of the Supreme People’s Procuracy.
5. To
settle complaints and denunciations in accordance with the Criminal Procedure
Code.
Article 31.
Tasks and powers of the Investigating Office of the Central Military Procuracy
1. To
organize anti-criminal on-duty activities, receive denunciations and reports on
crimes, propose the institution of criminal cases; to classify and handle
denunciations and reports on crimes, to propose the institution of criminal
cases, which fall under its settling jurisdiction or transfer them to competent
bodies for settlement.
2. To
conduct the investigation into criminal cases prescribed in Clause 2, Article
30 of this Law when such crimes fall under the adjudicating jurisdiction of
military courts.
3. To
propose concerned agencies or organizations to apply measures to redress the
causes of, and conditions giving rise to, crimes.
4. To
organize preliminary and final reviews of the receipt and handling of
denunciations and reports on crimes, proposal on the institution of criminal
cases and crime investigation and handling activities, which fall under its
tasks and powers.
5. To
settle complaints and denunciations in accordance with the Criminal Procedure
Code.
Chapter V
TASKS AND POWERS OF AGENCIES
TASKED TO CONDUCT A NUMBER OF INVESTIGATING ACTIVITIES
Article 32. Investigating tasks and powers of the Border
Guards
1. If
Border Guards, when performing tasks in the fields under their management,
detect the crimes prescribed in Chapter XIII and Articles 150, 151, 152, 153,
188, 189, 192, 193, 195, 207, 227, 235, 236, 242, 247, 248, 249, 250, 251,252,
253, 254, 255, 256, 303, 304, 305, 306, 309, 330, 337, 338, 346, 347, 348, 349
and 350 of the Penal Code, which occur in land border areas, the coast, islands
and sea areas managed by the Border Guards, the persons defined in Clause 2 of
this Article have the following tasks and powers:
a/ For
flagrant delicto less serious crimes with clear evidences and life stories of
offenders, to decide to institute criminal cases, investigate crime scenes,
search and take testimonies of offenders, seize, keep in custody and preserve
material evidences and documents directly related to the cases, solicit expert
examination when necessary, institute proceedings against the accused, apply
other investigating measures prescribed by the Criminal Procedure Code,
conclude the investigation and transfer the case files to competent procuracies
within one month after the issuance of decisions to institute the cases;
b/ For
serious, very serious or particularly serious crimes or less serious but
complicated crimes, to decide on institution of criminal cases, investigate
crime scenes, search, seize, hold in custody and preserve material evidences
and documents directly related to the settlement of cases, take testimonies,
solicit expert examination when necessary and transfer the case files to
competent investigating bodies within 7 days after the issuance of decisions to
institute the cases;
c/ To
apply deterrent and coercive measures prescribed in the Criminal Procedure
Code.
2. The
director of the Border-Guard Reconnaissance Department has the powers provided
in Clause 1 of this Article with regard to the crimes prescribed in Chapter
XIII of the Penal Code.
The
director of the Drug and Crime Prevention and Control Department and the head
of the Drug and Crime Prevention and Control Task Force have the powers
provided in Clause 1 of this Article with regard to the crimes prescribed in
Articles 150, 151, 152, 153, 188, 189, 193, 207, 227, 242, 247, 248, 249, 250,
251, 252, 253, 254, 304, 305, 309, 337, 338, 346, 347, 348, 349 and 350 of the
Penal Code.
The
commanders of the provincial-level border-guard commands, commanders of port
border-gate border-guard offices and heads of border-guard stations have the
powers provided in Clause 1 of this Article with regard to the crimes
prescribed at Chapter XIII and Articles 150, 151, 152, 153, 188, 189, 193, 207,
227, 242, 247, 248, 249, 250, 251, 252, 253, 254, 304, 305, 309, 337, 338, 346,
347, 348, 349 and 350 of the Penal Code.
Heads
of border-guard stations in remote and deep-lying areas have the powers
provided in Clause 1 of this Article. The Government shall prescribe
border-guard stations in remote and deep-lying areas.
3. The
director of the Border-Guard Reconnaissance Department, director of the Drug
and
Crime
Prevention and Control
Department, head of the Drug and Crime
Prevention and Control Task Force, commanders of the provincial-level
border-guard commands, commanders of port border-gate border-guard offices and
heads of border-guard stations shall directly organize and direct the
investigating activities according to their competence, decide to appoint or
replace their deputies in the investigation into criminal cases, inspect
investigating activities, decide to alter or cancel groundless and illegal
decisions of their deputies, settle complaints and denunciations in accordance
with the Criminal Procedure Code.
When
the director of the Border-Guard Reconnaissance Department, director of the
Drug and Crime Prevention and Control Department, head of the Drug and Crime
Prevention and Control Task Force, commanders of the provincial-level
border-guard commands, commanders of port border-gate border-guard offices and
heads of border-guard stations are absent, one of their respective deputies may
be authorized to exercise the powers of their heads provided in Clause 2 of
this Article and shall take responsibility before their heads and law for the
assigned tasks.
4.
When assigned to investigate criminal cases, a deputy director of the
Border-Guard Reconnaissance Department, deputy director of the Drug and Crime
Prevention and Control Department, deputy head of the Drug and Crime Prevention
and Control Task Force, deputy commanders of provincial-level border-guard
commands, deputy commanders of port border- gate border-guard offices and
deputy heads of border-guard stations may apply the investigating measures
prescribed in Clause 1 of this Article.
5. The
director and deputy director of the Border-Guard Reconnaissance Department,
director and deputy director of the Drug and Crime Prevention and Control
Department, director and deputy head of the Drug and Crime Prevention and Control Task Force, commanders and deputy commanders of
provincial-level border-guard commands, commanders and deputy commanders of
port border-gate border-guard offices and heads and deputy heads of border-
guard stations shall be held responsible before law for their acts and
decisions.
Article 33. Investigating tasks and powers of customs
offices
1. If
customs offices detect the crimes prescribed at Articles 188, 189 and 190 of
the Penal Code when performing their tasks in the fields under their
management, the director of the Anti-Smuggling Investigation Department,
director of the Post-Custom Clearance Inspection Department, directors of
provincial-level and inter-provincial customs departments, heads of border-gate
customs sub-departments have the following tasks and powers:
a/ For
flagrant delicto less serious crimes with clear evidences and life stories of
offenders, to decide to institute criminal cases, take testimonies, seize, hold
in custody and preserve material evidences and documents directly related to
the cases, search bodies and places where goods are kept in areas under the
customs control, to solicit expert examination when necessary, institute
proceedings against the accused, take other investigating measures prescribed
in the Criminal Procedure Code, conclude investigations and transfer case files
to competent procuracies within one month after the issuance of decisions to
institute the cases;
b/ For
serious, very serious or particularly serious crimes or less serious but
complicated crimes, to decide to institute criminal cases, take testimonies,
seize, hold in custody and preserve material evidences and documents directly
related to the cases, search bodies and places where goods are kept in areas
under the customs control, transfer the case files to competent investigating
bodies within 7 days after the issuance of decisions to institute the cases.
2. The
director of the Anti-Smuggling Investigation Department, director of the Post-
Custom Clearance Inspection Department, directors of provincial-level and
inter-provincial customs departments, heads of border-gate customs
sub-departments shall directly organize and direct investigating activities,
decide to appoint or replace their respective deputies in the investigation
into criminal cases, inspect investigating activities, decide to replace or
cancel groundless and illegal decisions of their deputies, and settle
complaints and denunciations in accordance with the Criminal Procedure Code.
When
the director of the Anti-Smuggling Investigation Department, director of the
Post- Custom Clearance Inspection Department, directors of provincial-level and
inter-provincial customs departments, heads of border-gate customs
sub-departments are absent, one of their deputies may be authorized to exercise
their powers provided in this Clause and take responsibility before their heads
and law for their assigned tasks.
3.
When assigned to investigate criminal cases, deputy directors of the
Anti-Smuggling Investigation Department, deputy directors of the Post-Custom
Clearance Inspection Department, deputy directors of provincial-level and inter-provincial
customs departments, and deputy heads of 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 Anti-Smuggling Investigation Department, director
and deputy directors of the Post-Custom Clearance Inspection Department,
directors and deputy directors of provincial-level and inter-provincial customs
departments, heads and deputy heads of border-gate customs sub-departments
shall be held responsible before law for their acts and decisions.
Article 34. Investigating tasks and powers of forest
protection offices
1. If
forest protection offices detect the crimes prescribed in Articles 232, 243,
244, 245, 313 and 345 of the Penal Code when performing their tasks in the
fields under their management, the director of the Forest Protection
Department, directors of regional forest protection sub-departments,
directors of forest protection sub-departments, heads of district-level forest
protection sections have the following tasks and powers:
a/ For
flagrant delicto less serious crimes with clear evidences and life stories of
offenders, to decide to institute the cases, investigate crime scenes, conduct
search, take testimonies, seize, hold in custody and preserve material
evidences and documents directly related to the cases, to solicit expert
examination when necessary, to institute proceedings against the accused, apply
other investigating measures prescribed in the Criminal Procedure Code,
conclude investigations and transfer the case files to competent procuracies
within one month after the issuance of decisions to institute the cases;
b/ For
serious, very serious or particularly serious crimes or less serious but
complicated crimes, to decide to institute the cases, investigate crime scenes,
conduct searches, take testimonies, seize, hold in custody and preserve
material evidences and documents directly related to the cases, to transfer
case files to competent investigating bodies within 7 days after the issuance
of decisions to institute the cases.
2. The
director of the Forest Protection Department, directors of regional forest
protection sub-departments, directors of forest protection sub-departments,
heads of district-level forest protection sections shall directly organize and
direct investigating activities, decide to appoint or replace their respective
deputies in the investigation into criminal cases, inspect investigating
activities, decide to replace or cancel groundless and illegal decisions of
their deputies, settle complaints and denunciations in accordance with the
Criminal Procedure Code.
When
the director of the Forest Protection Department, directors of regional forest
protection sub-departments, directors of forest protection sub-departments,
heads of district-level forest protection sections are absent, one of their
respective deputies may be authorized to exercise their powers provided in this
Clause and take responsibility before their heads and law for the assigned
tasks.
3.
When assigned to investigate criminal cases, a deputy director of the Forest
Protection Department, deputy directors of regional forest protection
sub-departments, deputy directors of forest protection sub-departments, deputy
heads of district-level forest protection sections may apply the investigating
measures prescribed in Clause 1 of this Article.
4. The
director and deputy directors of the Forest Protection Department, directors
and deputy directors of regional forest protection sub-departments, directors
and deputy directors of forest protection sub-departments, heads and deputy
heads of district-level forest protection sections shall be held responsible
before law for their acts and decisions.
Article 35. Investigating tasks and powers of the Marine
Police
1. If
marine police units, when performing tasks in the fields under their respective
management, detect the crimes prescribed in Chapter XIII and Articles 188, 189,
227, 235, 236, 237, 242, 249, 250, 251, 252, 253, 254, 272, 273, 282, 284, 303,
304, 305, 309, 311, 346, 347 and 348 of the Penal Code, which occur in the sea
areas and continental shelf of the Socialist Republic of Vietnam managed by the
Marine Police, the persons specified in Clause 2 of this Article have the
following tasks and powers:
a/ For
flagrant delicto less serious crimes with clear evidences and life stories of
offenders, to decide to institute the criminal cases, investigate crime scenes,
conduct searches, take testimonies, seize, hold in custody and preserve
material evidences and documents directly related to the cases, solicit expert
examination when necessary, institute proceedings against the accused, apply
other investigating measures prescribed in the Criminal Procedure Code,
conclude investigations and transfer case files to competent procuracies within
one month after the issuance of decisions to institute the cases;
b/ For
serious, very serious or particularly serious crimes or less serious but
complicate crimes, to decide to institute criminal cases, investigate crime
scenes, conduct searches, seize, hold in custody and preserve material
evidences and documents directly related to the settlement, take testimonies,
solicit expert examination when necessary, and transfer case files to competent
investigating bodies within 7 days after the issuance of decisions to institute
the cases;
c/ To
apply deterrent and coercive measures prescribed in the Criminal Procedure
Code.
2. The
Marine Police Commander, regional marine police commanders, director of the
Operation and Law Department, fleet commanders, flotilla commanders and marine
police operation team leaders have the powers provided in Clause 1 of this
Article.
The
head of the Drug-Related Crime Prevention and Control Task Force has the powers
provided in Clause 1 of this Article with regard to the crimes prescribed in
Articles 249, 250, 251, 252, 253 and 254 of the Penal Code.
3. The
Marine Police Commander, regional marine police commanders, director of the
Operation and Law Department, head of the Drug-Related Crime Prevention and Control
Task Force, fleet commanders, flotilla commanders and marine police operation
team leaders shall directly organize and direct investigating activities
according to their competence, decide to appoint or replace their respective
deputies in the investigation into criminal cases, inspect investigating
activities, decide to alter or cancel groundless and illegal decisions of their
deputies, settle complaints and denunciations in accordance with the Criminal
Procedure Code.
When
the Marine Police Commander, regional marine police commanders, director of the
Operation and Law Department, head of the Drug-Related Crime Prevention and
Control Task Force, fleet commanders, flotilla commanders and marine police
operation team leaders are absent, one of their respective deputies may be
authorized to exercise the powers of their commanders or leaders provided in
this Clause and shall take responsibility before their commanders or leaders
and law for the assigned tasks.
4.
When assigned to investigate criminal cases, Marine Police Deputy Commanders,
regional marine police deputy commanders, deputy directors of the Operation and
Law Department, deputy heads of the Drug-Related Crime Prevention and Control
Task Force, fleet deputy commanders, flotilla deputy commanders and marine
police operation team deputy leaders may apply the investigating measures
defined at Clause 1 of this Article.
5. The
Marine Police Commander and Deputy Commanders, regional marine police
commanders and deputy commanders, director and deputy directors of the
Operation and Law Department, head and deputy heads of the Drug-Related Crime
Prevention and Control Task Force, fleet commanders and deputy commanders,
flotilla commanders and deputy commanders and marine police operation team
leaders and deputy leaders shall be held responsible before law for their acts
and decisions.
Article 36. Investigating tasks and powers of the Fisheries
Surveillance
1. If
fisheries surveillance offices, when performing their tasks in the fields under
their management, detect the crimes prescribed in Articles 111, 242, 244, 245,
246, 305 and 311 of the Penal Code, which occur in the sea areas and
continental shelf of the Socialist Republic of Vietnam managed by the Fisheries
Surveillance, the director of the Fisheries Surveillance Department and
directors of regional fisheries surveillance sub-departments have the following
tasks and powers:
a/ For flagrant delicto less serious crimes with clear
evidences and life stories of offenders, to decide to institute criminal cases,
investigate crime scene, conduct searches, take testimonies, seize, hold in
custody and preserve material evidences and documents directly related to the
cases, solicit expert examination when necessary, institute proceedings against
the accused, apply other investigating measures prescribed in the Criminal
Procedure Code, conclude investigations and transfer case files to competent
procuracies within one month after the issuance of decisions to institute the
cases;
b/ For
serious, very serious or particularly serious crimes or less serious but
complicated crimes, to decide to institute criminal cases, investigate crime
scenes, conduct searches, take testimonies, seize, hold in custody and preserve
material evidences and documents directly related to the cases, transfer the
case files to competent investigating bodies within 7 days after the issuance
of decisions to institute the cases;
c/ To
apply deterrent and coercive measures in accordance with the Criminal Procedure
Code.
2. The
director of the Fisheries Surveillance Department and directors of regional
fisheries surveillance sub-departments shall directly organize and direct
investigating activities, decide to appoint or replace their respective
deputies in the investigation into criminal cases, inspect investigating
activities, decide to alter or cancel groundless and illegal decisions of their
deputies, settle complaints and denunciations in accordance with the Criminal
Procedure Code.
When
the director of the Fisheries Surveillance Department and directors of regional
fisheries surveillance sub-departments are absent, one of their deputies may be
authorized to exercise the powers of their heads provided in this Clause and
take responsibility before their heads and law for the assigned tasks.
3. When
assigned to investigate criminal cases, deputy directors of the Fisheries
Surveillance Department and deputy directors of regional fisheries surveillance
sub-departments may apply investigating measures prescribed in Clause 1 of this
Article.
4. The
director and deputy directors of the Fisheries Surveillance Department and
directors and deputy directors of regional fisheries surveillance
sub-departments shall be held responsible before law for their acts and
decisions.
Article 37. Investigating tasks and powers of bodies of the
security force in the People’s Public Security which are tasked to conduct a
number of investigating activities
1. If
detecting signs of crimes under the investigating jurisdiction of the
investigating security offices of the People’s Public Security while performing
their tasks, the department directors and section heads of the security offices
defined in Clause 6, Article 9 of this Law shall decide to institute criminal
cases, take testimonies, investigate crime scenes, conduct searches, seize,
hold in custody and preserve the material evidences and documents directly
related to the cases, transfer the case files to competent investigating
security offices within 7 days after the issuance of decisions to institute the
cases.
Security
teams of district-level public security sections detecting signs of crimes
under the investigating jurisdiction of the investigating security offices of
provincial-level Public Security Departments while performing their tasks shall
immediately arrest run-away offenders, take testimonies, seize, hold in custody
and preserve material evidences and documents directly related to the cases and
promptly report them to the investigating security offices of provincial- level
Public Security Departments.
2. The
department directors and section heads defined in Clause 1 of this Article
shall directly organize and direct investigating activities, decide to appoint
or replace their respective deputies in the investigation into criminal cases,
inspect investigating activities, decide to alter or cancel groundless and
illegal decisions of their deputies, settle complaints and denunciations in
accordance with the Criminal Procedure Code.
When
department directors and section heads are absent, one of their deputies may be
authorized to exercise the powers defined in this Clause and take
responsibility before them and law for the assigned tasks.
3.
When assigned to investigate criminal cases, department deputy directors and
section deputy heads may apply the investigating measures prescribed in Clause
1 of this Article.
4.
Department directors and deputy directors, section heads and deputy section
heads shall be held responsible before law for their acts and decisions.
Article 38. Investigating tasks and powers of bodies of the
police force in the People’s Public Security which are tasked to conduct a
number of investigating activities
1. If
detecting signs of crimes under the investigating jurisdiction of the
investigating police offices while performing their tasks, department
directors, directors, section heads and prison superintendents of the police
offices defined at Clause 6, Article 9 of this Law shall decide to institute
criminal cases, take testimonies, investigate crime scenes, conduct searches,
seize, hold in custody and preserve material evidences and documents directly
related to the cases, and transfer the case files to competent investigating
police offices within 7 days after the issuance of decisions to institute the
cases.
Where
offenders escape from prisons, prison superintendents shall issue decisions to
arrest and organize forces to arrest escapers.
2.
Department directors, directors, section heads and prison superintendents
defined in Clause 1 of this Article shall directly organize and direct
investigating activities, decide to appoint or replace their respective
deputies in the investigation into criminal cases, inspect investigating
activities, decide to alter or cancel groundless and illegal decisions of their
deputies, settle complaints and denunciations in accordance with the Criminal
Procedure Code.
When
department directors, directors, section heads or prison superintendents are
absent, one of their respective deputies may be authorized to exercise the
powers provided in this Clause and take responsibility before them and law for
the assigned tasks.
3.
When assigned to investigate criminal cases, department deputy directors,
deputy directors, section deputy heads and prison deputy superintendents may
apply the investigating measures prescribed in Clause 1 of this Article.
4.
Department directors and deputy directors, directors and deputy directors,
section heads and deputy heads, prison superintendents and deputy
superintendents shall be held responsible before law for their acts and
decisions.
Article 39. Investigating tasks and powers of other bodies
in the People’s Army which are tasked to conduct a number of investigating
activities
1. If
prison superintendents, while performing their tasks, detect signs of crimes
which fall under the investigating jurisdiction of the criminal investigation
bodies and are serious enough for penal liability examination, they shall
decide to institute criminal cases, investigate crime scenes, take testimonies,
conduct searches, seize, hold in custody and preserve material evidences and
documents directly related to the cases, transfer the case files to competent
investigating bodies within 7 days after the issuance of decisions to institute
the cases.
If
offenders escape from prisons, prison superintendents shall issue decisions to
arrest and organize forces to arrest escapers.
When
prison superintendents are absent, one of their deputies may be authorized to
exercise the powers provided in this Clause and take responsibility before them
and law for the assigned tasks.
2.
Heads of independent units at the regiment and equivalent level, when detecting
criminal acts which fall under the investigating jurisdiction of the
investigating bodies in the People’s Army and occur in areas where their units
are stationed, may make written records on flagrant delicto crimes, take
testimonies, conduct searches, seize, hold in custody and preserve material
evidences and documents related to criminal acts, apply deterrent measures in
accordance with the Criminal Procedure Code, and transfer the case file to
competent investigating bodies within 7 days after the issuance of decisions to
institute the cases.
When
heads of independent units at the regiment or equivalent level are absent, one
of their deputies may be authorized to exercise the powers provided in this
Clause and take responsibility before them and law for the assigned tasks.
3.
Prison superintendents and deputy superintendents, heads and deputy heads of
independent units at the regiment and equivalent level shall be held responsible
before law for their acts and decisions.
Chapter VI
RELATIONS OF RESPONSIBILITY
DIVISION AND COORDINATION IN CRIMINAL INVESTIGATION ACTIVITIES
Article 40. Relations between the investigating bodies and
agencies tasked to conduct a number of investigating activities
1. The
relations among the investigating bodies, between the investigating bodies and
agencies tasked to conduct a number of investigating activities and among the
agencies tasked to conduct a number of investigating activities are relations
of responsibility division and coordination.
2. The
investigating bodies shall guide and direct the investigating operation of the
agencies tasked to conduct a number of investigating activities. The agencies
tasked to conduct a number of investigating activities shall comply with
written requests of the investigating bodies.
3. The
investigating bodies shall receive case files transferred by the agencies
tasked to conduct a number of investigating activities according to their
competence and notify handling results to the agencies that have transferred the case files.
4. For
matters showing criminal signs while the investigating jurisdiction is not yet
clearly defined, the investigating body that detects them first shall
immediately conduct investigating activities in accordance with the Criminal
Procedure Code and this Law; when the investigating jurisdiction is defined,
the case files shall be transferred to the competent investigating bodies in
accordance with the Criminal Procedure Code.
5. The
agencies tasked to conduct a number of investigating activities, after decide
to institute criminal cases and apply deterrent measures according to their
competence, shall immediately send their decisions to procuracies and notify
them to competent investigating bodies.
6. The
People’s Police, People’s Security and Military Surveillance units shall
support and comply with requests of heads or deputy heads of investigating
bodies, investigators and heads and deputy heads of the agencies tasked to
conduct a number of investigating activities in their investigating activities.
Article 41.
Mandated investigation
When
necessary, an investigating body may mandate investigation to another
investigating body. A mandate decision must clearly state specific
requirements. The entrusted investigating bodies shall fully perform the
mandated tasks within the time limits set by the mandating investigating
bodies.
If the
entrusted investigating bodies cannot partially or wholly perform the mandated
tasks, they shall immediately notify such in writing to the mandating
investigating bodies, clearly stating the reason.
Article 42.
Relations between investigating units and reconnaissance units
1.
Relations between investigating units and reconnaissance units are the
relations of coordination and support in detecting, stopping, investigating,
handling and preventing crimes.
2. In
their relations with investigating units, reconnaissance units have the
following responsibilities:
a/ To
apply necessary measures prescribed by law to detect law violations and provide
information to investigating units for investigation and handling;
b/ To
apply professional measures to support investigating units in conducting
investigating activities, collecting documents and evidences, stopping crimes
and arresting offenders;
c/ To
apply necessary measures to ward off law violations and crimes according to
their assigned functions, tasks and powers;
d/ To
detect loopholes and shortcomings in the state management, social management
and economic management so as to request concerned agencies and organizations
to apply remedies;
dd/ To
apply necessary measures prescribed by law to limit or eliminate the causes of,
and conditions giving rise to, crimes and law violations.
3. In
their relations with reconnaissance units, investigating units have the
following responsibilities:
a/ To
provide information on crimes and offenders to reconnaissance units so as to
perform the functions and tasks prescribed in Clause 2 of this Article;
b/ To
coordinate with reconnaissance units in assessing and identifying the loopholes
and shortcomings in the state management, social management and economic
management so as to request concerned agencies or organizations to apply
remedies;
c/ To
assess causes of, and conditions giving rise to, crimes, modes and tricks in
committing crimes in criminal cases for exchange of ideas and coordination with
reconnaissance units in the crime prevention and detection.
4.
Heads of investigating bodies shall decide to apply necessary measures in
operational coordination between investigating units and reconnaissance units
in investigating criminal cases. The measures prescribed in Clauses 2 and 3 of
this Article must be kept secret in accordance with the law on protection of
state secrets.
Article 43. Responsibilities of heads of public security
and army offices at different levels for criminal investigation activities
Within
the ambit of their respective tasks and powers, heads of public security and
army offices at different levels involved in criminal investigation
organization and activities have the following responsibilities:
1. To
strictly comply with law in order to ensure the independence and objectiveness
in procedural decisions and acts of investigators and other job titles in
criminal investigation activities;
2. To
provide necessary conditions regarding human resources, physical and technical
foundations, equipment, funds and other necessary conditions for criminal
investigation activities;
3. To direct and organize forces for coordinating and supporting
criminal investigation activities;
4. To
conduct activities and apply measures prescribed by the Law on People’s Public
Security, Law on National Security and other relevant laws for collection of
necessary information and documents in support of criminal investigation
activities;
5. To
organize forces to support procedure-conducting agencies in the application of deterrent measures, collection of evidences and protection of
criminal procedure activities;
6. To
apply measures prescribed by law in order to prevent acts obstructing, or
falsifying results of, the investigation and handling of criminal cases.
Article 44. Responsibilities of public security offices of
communes, wards or townships and public security stations
1.
Commune public security offices shall receive denunciations and reports on
crimes, make records of receipt, take initial testimonies and immediately
transfer crime denunciations and reports, enclosed with relevant documents and
objects, to competent investigating bodies.
2.
Ward or township public security offices, public security stations shall
receive denunciations and reports on crimes, make records of receipt, proceed
with examination and preliminary verification and immediately transfer crime
denunciations and reports, enclosed with relevant documents and objects, to
competent investigating bodies.
3. In
case commune, ward or township public security offices, public security
stations detect, arrest or receive offenders caught red-handed or wanted
persons, they shall seize, hold in custody weapons and dangerous instruments
and protect relevant documents and objects, make records of arrest, take
initial testimonies, protect crime scenes in accordance with law; immediately
escort arrested persons to immediate superior public security offices or
promptly report thereon to competent investigating bodies.
Chapter VII
HEADS AND DEPUTY HEADS OF
INVESTIGATING BODIES, INVESTIGATORS AND INVESTIGATING OFFICERS
Article 45.
Investigators
1.
Investigators are persons appointed to perform the criminal investigation task.
2.
Investigators are divided into the following grades:
a/
Primary investigators;
b/ Intermediate
investigators;
c/ Senior investigators.
Article 46. General criteria of an investigator
1.
Being a Vietnamese citizen and loyal to the Fatherland and the Constitution of
the Socialist Republic of Vietnam, possessing good ethical quality, being
righteous and honest, having a firm political stuff and spirit of resolutely
defending the socialist legislation.
2.
Possessing a security university, police university, law bachelor or higher
degree.
3.
Having worked in a law-related field in accordance with this Law.
4.
Having been professionally trained in investigation.
5.
Being physically fit for the performance of assigned tasks.
Article 47. Criteria for appointment of primary
investigators
A
person who satisfies the criteria prescribed in Article 46 of this Law, is an
active-service officer of the People’s Public Security or People’s Army or a
people’s procuracy and fully meets the following conditions can be appointed as
a primary investigator:
1.
Having worked in a law-related field for 4 years or more;
2.
Being capable of investigating cases involving less serious or serious crimes;
3.
Having passed recruitment examinations for the grade of primary investigators.
Article 48. Criteria for appointment of intermediate
investigators
1. A
person who fully satisfies the criteria prescribed in Article 46 of this Law
and the following conditions can be appointed as an intermediate investigator:
a /
Having worked as a primary investigator for at least 5 years;
b/
Being capable of investigating cases involving very serious or particularly
serious crimes;
c/
Being able to guide investigating activities of primary investigators;
d/
Having passed the examination for the grade of intermediate investigators.
2. To
meet the personnel demand of investigating bodies, persons who fully meet the
criteria prescribed in Article 46 of this Law, Points b, c and d, Clause 1 of
this Article, and have worked in law-related fields for at least 9 years may be
appointed as intermediate investigators.
Article 49. Criteria for appointment of senior
investigators
1. A
person who fully satisfies the criteria prescribed in Article 46 of this Law
and fully meet the following conditions can be appointed as a senior
investigator:
a/
Having worked as an intermediate investigator for at least 5 years;
b/
Being capable of investigating cases involving very serious, particularly
serious or complicated crimes;
c/
Being capable of studying, synthesizing and proposing measures to prevent and
control crimes;
d/
Being able to guide investigating activities of primary investigators and
intermediate investigators;
dd/
Having passed the examination for the grade of senior investigators.
2. To
meet the personnel demand of investigating bodies, persons who fully satisfy
the criteria prescribed in Article 46 of this Law, Points b, c, d and dd,
Clause 1 of this Article, and have worked in law-related fields for at least 14
years may be appointed as senior investigators.
Article 50. Appointment of investigators in special cases
In
special cases, persons who are transferred by competent agencies or
organizations to work in investigating bodies and fully satisfy the criteria
prescribed in Clauses 1, 2 and 5 of Article 46; Points b and c, Clause 1 of
Article 48; and Points b, c and d, Clause 1, Article 49 of this Law though
having not yet been professionally trained in investigation and having not yet
worked for the period prescribed at Point a, Clause 1, Articles 48 and 49 of
this Law may be appointed as intermediate or senior investigators.
Article 51. Term of office of investigators
The
term of office of an investigator appointed for the first time is 5 years; in
case of reappointment or grade promotion, his/her term of office is 10 years.
Article 52. Tasks, powers and responsibilities of heads and
deputy heads of investigating bodies
1.
Heads of investigating bodies have the following tasks and powers:
a/ To
direct, administer and inspect the performance of tasks and implementation of
working plans, decide on matters related to activities of their investigating
bodies; to take responsibility for, and report on, his/her work performance to
heads of superior investigating bodies;
b/ To
direct and organize final reviews of criminal investigation activities of their
investigating bodies and of subordinate investigating bodies;
c/ To
direct, guide and inspect investigating operations of subordinate investigating
bodies;
d/ To
decide on assigning their deputy heads, investigators and investigating
officers to settle denunciations and reports on crimes, propose the institution
of criminal cases and investigate criminal cases; to inspect the settlement of
denunciations and reports on crimes, proposal on the institution of criminal
cases and investigation by their deputies and investigators;
dd/
To decide on change or cancellation of groundless and illegal decisions
of their deputies and investigators; to decide on change of investigators;
e/ To
settle complaints and denunciations falling under the jurisdiction of their
investigating bodies;
g/ To
perform other tasks and powers provided by law.
When
they are absent, one of their deputies may be authorized to perform their tasks
and exercise their powers and take responsibility before them for the
authorized tasks.
2.
When investigating criminal cases, heads and deputy heads of investigating
bodies shall perform the tasks and exercise the powers provided by the Criminal
Procedure Code.
3.
Heads and deputy heads of investigating bodies shall be held responsible before
law for their acts and decisions.
Article 53. Tasks, powers and responsibilities of
investigators
1.
Investigators may conduct examining and verifying activities and investigating
activities under the jurisdiction of their investigating bodies as assigned by
heads or deputy heads of their investigating bodies.
2.
Investigators shall perform tasks and exercise powers in accordance with the
Criminal Procedure Code when they are assigned to settle denunciations and
reports on crimes, propose the institution of criminal cases and investigate
criminal cases.
3.
Investigators have the following responsibilities:
a/ To
apply measures prescribed by the Criminal Procedure Code and other relevant
laws in order to investigate and find the truth of cases in an objective,
comprehensive and adequate manner;
b/ To
abide by law and submit to personal direction by heads or deputy heads of
investigating bodies;
c/ To
refuse conducting procedure or get changed in the cases prescribed by the
Criminal Procedure Code;
d/ To
abide by the regulations on things not to be done by cadres, civil servants or
officers and soldiers of the people’s armed forces.
4.
Investigators shall be held responsible before law and heads and deputy heads
of their investigating bodies for their acts and decisions.
Article 54. Things not to be done by investigators
1.
Things prescribed by law not to be done by cadres, civil servants or officers
and soldiers of the people’s armed forces.
2.
Provision of consultancy to arrestees, persons held in custody, the accused,
defendants, involved parties or other procedure participants, thereby making
the settlement of cases or matters unlawful.
3.
Interference in the settlement of cases or matters or abuse of their influence
on persons in charge of settlement of cases or matters.
4.
Bringing case files or documents out of their offices not for the assigned
tasks or without approval of competent persons.
5.
Reception of the accused, defendants, involved parties or other procedure
participants involved in cases or matters under their settling jurisdiction
outside prescribed places.
Article 55. Examination councils for selection of primary
investigators, intermediate investigators, senior investigators
1.
Examination councils for selection of senior investigators, intermediate
investigators and primary investigators in the People’s Public Security are
provided as follows:
a/ The
examination council for selection of senior investigators in the People’s
Public Security and intermediate investigators and primary investigators in the
investigating bodies of the Ministry of Public Security is composed of its
chairperson being a Deputy Minister of Public Security as appointed by the
Minister of Public Security, and members being representatives of the
leaderships of the Political General Department of the Public Security Force,
the Investigating Police Office, the Investigating Security Office, the
Organization and Personnel Department, the Legal Affairs, Administrative and Judicial
Reform Department of the Ministry of Public Security;
b/ An
examination council for selection of intermediate investigators and primary
investigators in the investigating offices of the provincial-level public
security departments and the investigating police offices of district-level
public security sections is composed of its chairperson being the director of
the provincial-level public security department and members being
representatives of the leaderships of the investigating police office, the investigating
security office, the organization and personnel section and the legal affairs,
administrative and judicial reform section or the staff section of the
provincial-level public security department;
c/
Lists of members of examination councils for selection of investigators in the
People’s Public Security shall be decided by the Minister of Public Security at
the request of the examination council chairpersons.
2. The
examination council for selection of investigators in the People’s Army is
composed of its chairperson being a Deputy Minister of National Defense
appointed by the Minister of National Defense and its members being
representatives of the leaderships of the Political General Department of the
Vietnam People’s Army, the Criminal Investigation Office, the Investigating
Security Office, the Personnel Department and the Legal Department of the
Ministry of National Defense.
The
list of members of the examination council for selection of investigators in
the People’s Army shall be decided by the Minister of National Defense at the
request of the examination council chairperson.
3. The
examination council for selection of investigators in the Supreme People’s
Procuracy is composed of its chairperson being a Deputy Procurator General of
the Supreme People’s Procuracy appointed by the Procurator General of the
Supreme People’s Procuracy and its members being representatives of the
Procuracy Committee and the leaderships of the Central Military Procuracy, the
Investigating Office and the Organization and Personnel Department of the
Supreme People’s Procuracy.
The
list of members of the examination council for selection of investigators in
the Supreme People’s Procuracy shall be decided by the Procurator General of
the Supreme People’s Procuracy at the request of the examination council
chairperson.
4.
Examination councils for selection of primary investigators, intermediate
investigators or senior investigators have the following tasks and powers:
a/ To
organize examinations for selection of primary investigators, intermediate
investigators or senior investigators;
b/ To
announce lists of persons who pass examinations;
c/ To
request competent authorities to appoint persons who pass examinations as
primary investigators, intermediate investigators or senior investigators.
5.
Working regulations of examination councils for selection of primary
investigators, intermediate investigators and senior investigators of the
People’s Public Security shall be prescribed by the Minister of Public
Security, of the People’s Army by the Minister of National Defense, and of the
Supreme People’s Procuracy by the Procurator General of the Supreme People’s
Procuracy.
Article 56. Appointment, relief from office and dismissal
of investigators
1. The
appointment, relief from office and dismissal of, and the grant and revocation
of investigator certificates to, investigators in the People’s Public Security
shall be prescribed by the Minister of Public Security, in the People’s Army by
the Minister of National Defense, and in the Supreme People’s Procuracy by the
Procurator General of the Supreme People’s Procuracy.
2.
Investigators shall automatically be relieved from the title of investigator
when they retire or are transferred to other jobs.
Investigators
may be relieved from the title of investigator for poor health, family
circumstances or other reasons, for which they are deemed unable to perform
their assigned tasks.
3.
Investigators shall automatically be stripped off the title of investigator
when they are convicted under legally effective court judgments or are subject
to the disciplining form of stripping off the People’s Public Security title or
People’s Army officer rank or forced resignation.
4.
Depending on the nature and severity of their violations, investigators may be
stripped off the title of investigator if their violations fall into one of the
following cases:
a/
Being committed in the investigation into criminal cases;
b/
Being in violation of the provisions of Article 14 of this Law;
c/
Being subject to the disciplining form of dismissal in accordance with the law
on cadres and civil servants;
d / Being in violation
of the regulations on ethical quality.
Article 57. Appointment, relief from office and dismissal
of heads and deputy heads of investigating bodies
1.
Senior investigators or intermediate investigators who are capable of
organizing and directing investigating activities may be appointed as heads or
deputy heads of investigating bodies.
2. The
appointment, relief from office and dismissal of, and grant and revocation of
certificates to, heads and deputy heads of investigating bodies in the People’s
Public Security shall be prescribed by the Minister of Public Security, in the
People’s Army by the Minister of National Defense, in the Supreme People’s Procuracy
by the Procurator General of the Supreme People’s Procuracy.
Article 58. Service age limits of investigators
1. The
highest service age of investigators who are officers in the People’s Public
Security or the People’s Army must comply with the Law on People’ Public
Security or Law on Officers of the Vietnam People’s Army. The retirement age of
investigators of the Supreme People’s Procuracy must comply with the Labor
Code.
2.
Where it is so demanded by the investigating bodies of the People’s Public Security
or People’s Army, investigators who possess good qualities, professional
qualifications and skills and are physically fit and willing may serve beyond
the retirement age prescribed by the Minister of Public Security or Minister of
National Defense but not beyond 60 years for men and 55 years old for women,
except for female officers of the general rank.
Article 59. Investigating officers
1.
Investigating officers of the investigating bodies are prescribed as follows:
a/
Persons who fully satisfy the criteria prescribed in Clauses 1, 2, 3 and 5,
Article 46 of this Law may be appointed as investigating officers to assist
investigators in conducting a number of criminal investigation activities;
b/ The
appointment and relief from office of, and grant and revocation of certificates
to, investigating officers in the People’s Public Security shall be prescribed
by the Minister of Public Security, in the People’s Army by the Minister of
National Defense, and in the Supreme People’s Procuracy by the Procurator
General of the Supreme People’s Procuracy;
c/
They shall perform the tasks and exercise the powers prescribed by the Criminal
Procedure Code and this Law.
2.
When investigating cases, heads of the agencies tasked to conduct a number of
investigating activities shall assign persons in their agencies or units to
work as investigating officers to assist them in performing the investigating
tasks and exercising the investigating powers prescribed by the Criminal
Procedure Code and this Law. Investigating officers shall perform the tasks and
exercise the powers prescribed by the Criminal Procedure Code and this Law.
3.
Investigating officers take responsibility before investigators, heads of
investigating bodies, heads of agencies tasked to conduct a number of investigating
activities and law for the performance of their tasks and exercise of their
powers.
Chapter VIII
PROVISION OF CONDITIONS FOR
CRIMINAL INVESTIGATION ACTIVITIES
Article 60. Regimes and policies for persons engaged in
criminal investigation
1. Officers,
non-commissioned officers and soldiers of the People’s Public Security;
officers, non-commissioned officers, professional armymen and soldiers of the
People’s Army who work in the investigating bodies shall be conferred or
promoted to ranks of the people’s armed forces and enjoy the preferential
regimes and policies provided by law.
2.
Cadres and civil servants working in the Investigating Office of the Supreme
People’s Procuracy enjoy the preferential regimes and policies provided by law.
3.
Investigators and investigating officers enjoy salaries, allowances and other
regimes, policies and benefits provided by law.
4. In
criminal investigation, collectives and individuals that record achievements
shall be commended and rewarded or may receive compensations for material
losses they have suffered; individuals whose honor is offended may have their
honor restored and whose lives are lost or health is damaged are entitled to
the regimes and policies provided by law.
Article 61. Assurance of state payrolls, training and
fostering in criminal investigation
1. The
State ensures necessary payrolls for the investigating bodies and agencies
tasked to conduct a number of investigating activities.
2.
Persons conducting criminal investigation must be trained and retrained in
professional skills and law to meet their assigned tasks and powers.
Article 62. Assurance of physical foundations to serve
criminal investigation activities
1.
Based on criminal investigation requirements, operation areas and
socio-economic conditions, the State assures physical foundations for the
investigating bodies, including land, working offices, equipment, facilities,
supporting tools, transport, communications and technical means and other
physical and technical conditions, particularly for those located in remote,
deep-lying, mountainous or island areas, regions facing exceptional
socio-economic difficulties, strategic areas for national security, social
order and safety.
The
equipping and management of use of weapons and supporting tools must comply
with the law on management and use of weapons and supporting tools.
2. In
case of emergency, in order to stop criminal acts, pursue criminals or rescue
victims, investigators may mobilize and use transport and communications means
of agencies, organizations and individuals, including operators of such means,
except for means of foreign diplomatic missions and consulates, representative
offices of international organizations and persons entitled to the diplomatic
or consular privileges and immunities, and shall immediately return them when
emergency circumstances no longer exist; in case of damage, the investigating
bodies shall pay compensations in accordance with law.
Article 63. Provision of funds for criminal investigation
activities
The State
assures funds for criminal investigation activities. The estimation, use and
settlement of funds for criminal investigation activities must comply with the
State Budget Law.
Chapter IX
RESPONSIBILITIES OF THE
GOVERNMENT, MINISTRIES, SECTORS AND PROVINCIAL-LEVEL PEOPLE’S COMMITTEES IN
CRIMINAL INVESTIGATION ACTIVITIES
Article 64. Responsibility for management of criminal
investigation activities
1. The
Government performs the unified management of criminal investigation
activities, having the following responsibilities:
a/ To
promulgate according to its competence or submit to competent agencies for
promulgation legal documents on criminal investigation;
b/ To direct the
implementation of legal documents on criminal investigation;
c/ To
direct the dissemination and education of law on criminal investigation;
d/ To
suspend or abrogate according to its competence or propose competent
authorities to suspend or abrogate the regulations on criminal investigation
which are contrary to the Constitution, Criminal Procedure Code, this Law and
other relevant laws;
dd/ To
prescribe the criminal investigation reporting regime;
e/ To
enter into international cooperation on criminal investigation.
2. The
Ministry of Public Security shall assist the Government in performing the
responsibilities prescribed in Clause 1 of this Article.
Article 65. Responsibility of the Minister of Public
Security
1. To
promulgate according to his/her competence or submit to competent bodies for
promulgation legal documents on criminal investigation in order to perform the
function of managing sectors and domains under management of the Ministry of
Public Security.
2. To
direct and organize the implementation of legal documents on criminal
investigation.
3. To
organize the dissemination and education of law on criminal investigation.
4. To
suspend or abrogate according to his/her competence or propose competent
authorities to abrogate the regulations on criminal investigations which are
contrary to the Constitution, Criminal Procedure Code, Penal Code, this Law and
other relevant laws.
5. To
assume the prime responsibility for, and coordinate with other agencies in,
promulgating forms, papers and books on criminal investigation.
6. To
manage the organizational system, payrolls and operation of the investigating
bodies of the People’s Public Security; to furnish means for, to train, foster
and drill cadres engaged in, investigation in the People’s Public Security; to
train and professionally guide cadres and civil servants of the agencies tasked
to conduct a number of investigating activities; to organize preliminary and
final reviews of, and scientific research, into criminal investigation.
7. To
manage the database on criminal investigation.
8. To
observe the regime of reporting on criminal investigation activities as
prescribed by the Government.
9. To
examine, inspect and settle complaints and denunciations and handle violations
of the regulations on investigation in accordance with law.
Article 66. Responsibilities of the Minister of National Defense
1. To
promulgate according to his/her competence or submit to competent bodies for
promulgation legal documents on criminal investigation in order to perform the
function of managing sectors and domains under management of the Ministry of
National Defense.
2. To
direct and organize the implementation of legal documents on criminal
investigation in the People’s Army.
3. To
organize the dissemination and education of the law on criminal investigation
in the People’s Army.
4. To
suspend or abrogate according to his/her competence or propose competent bodies
to abrogate the regulations on criminal investigation which are contrary to the Constitution, Criminal Procedure Code, Penal Code,
this Law and other relevant laws.
5. To
manage the organizational system, payroll and operation of the investigating
bodies in the People’s Army; to equip means for, train, foster and drill cadres
engaged in criminal investigation activities in the People’s Army; to organize
preliminary and final reviews of, and scientific research into, criminal
investigation in the People’s Army.
6. To
observe the regime of reporting on criminal investigation activities as
prescribed by the Government.
7. To
examine, inspect, settle complaints and denunciations, and to handle violations
of the regulations on criminal investigation in accordance with law.
Article 67. Responsibilities of the Procurator General of
the Supreme People’s Procuracy
1. To
promulgate according to his/her competence or submit to competent bodies for
promulgation legal documents on criminal investigation in order to perform the
function of managing sectors and domains under management of the Supreme
People’s Procuracy.
2. To
direct and organize the implementation of legal documents on criminal
investigation in people’s procuracies.
3. To
organize the dissemination and education of the law on criminal investigation
in people’s procuracies.
4. To
suspend or abrogate according to his/her competence or propose competent
authorities to abrogate the regulations on criminal investigation which are
contrary to the Constitution, Criminal Procedure Code, Penal Code, this Law and
other relevant laws.
5. To
manage the organization, payroll and operation of the Investigating Office of
the Supreme People’s Procuracy; to equip means for, to train, foster and drill
cadres of the Supreme People’s Procuracy who perform the investigating work; to
organize preliminary and final reviews of, and scientific research into,
investigation in the Supreme People’s Procuracy.
6. To
observe the regime of reporting on criminal investigation activities as
prescribed by the Government.
7. To
examine, inspect, settle complaints and denunciations, and handle violations of
the regulations on investigation in accordance with law.
Article 68. Responsibilities of the Minister of Finance
1. To
direct customs offices to perform the tasks and exercise the powers prescribed
by the Criminal Procedure Code and this Law.
2. To
equip means for, to organize the fostering and training of, cadres engaged in
criminal investigation in customs offices, to organize preliminary and final
reviews of criminal investigation activities in customs offices.
3. To
observe the regime of reporting on criminal investigation activities as
prescribed by the Government.
4. To
examine, inspect, settle complaints and denunciations and handle violations of
the regulations on investigation in accordance with law.
Article 69.
Responsibilities of the Minister of Agriculture and Rural Development
1. To
direct forest protection and fisheries surveillance offices to perform the
tasks and exercise the powers prescribed by the Criminal Procedure Code and
this Law.
2. To
equip means for, and organize the training of cadres engaged in, criminal
investigation in forest protection and fisheries surveillance offices; to
organize preliminary and final reviews of criminal investigation activities in
forest protection and fisheries surveillance offices.
3. To
observe the regime of reporting on criminal investigation activities as
prescribed by the Government.
4. To
examine, inspect and settle complaints and denunciations and handle violations
of the regulations on investigation in accordance with law.
Article 70. Responsibilities of ministries, sectors,
provincial-level People’s Committees
1. To
direct and guide agencies, organizations and individuals under their respective
management to comply with the law on criminal investigation.
2. To
coordinate with one another and coordinate with the Ministry of Public
Security, Ministry of National Defense, Ministry of Finance, Ministry of
Agriculture and Rural Development and Supreme People’s Procuracy in managing
criminal investigation.
3. To
organize the dissemination and education of the law on criminal investigation.
Chapter X
IMPLEMENTATION PROVISIONS
Article 71. Effect
1.
This Law takes effect on July 1, 2016.
2.
Ordinance No. 23/2004/PL-UBTVQH11 on criminal investigation organizations,
which was amended and supplemented by Ordinance No. 30/2006/PL-UBTVQH11 and
Ordinance No. 09/2009/PL-UBTVQH12, ceases to be effective on the effective date
of this Law.
Article 72.
Transitional provisions
1. The
names specified at Points c and dd, Clause 1, Article 18 of this Law replace
the names of the Economic Police Department and the Corruption-Related Crime
Investigation Police Department specified at Point d, Clause 1, Article 24 of
Law No. 73/2014/QH13 on the People’s Public Security.
2.
Investigations into the cases currently settled by the investigating bodies
according to their competence prescribed in Ordinance No. 23/2004/PL-UBTVQH11
on criminal investigation organizations, which was amended and supplemented by
Ordinance No. 30/2006/PL-UBTVQH11 and Ordinance No. 09/2009/PL-UBTVQH12, which
remain uncompleted by the effective date of this Law may continue until
completion.
3. From
the effective date of this Law, primary investigators, intermediate
investigators and senior investigators who have been appointed under Ordinance
No. 23/2004/PL-UBTVQH11 on criminal investigation organizations, which was
amended and supplemented by Ordinance No. 30/2006/PL-UBTNQH11 and Ordinance No.
09/2009/PL-UBTVQH12, may continue holding their titles until the end of their
terms of office.
Article 73. Detailed provisions
The
Government and the Supreme People’s Procuracy shall detail the articles and clauses
of this Law as assigned to them.
This
Law was passed on November 26, 2015, by the XIIIth National Assembly
of the Socialist Republic of Vietnam at its 10th session.
CHAIRMAN OF THE
NATIONAL ASSEMBLY
Nguyen Sinh Hung |
Ý KIẾN