Luật tổ chức cơ quan điều tra hình sự 2015 số 99/2015/QH13 áp dụng 2024

LAW

ON ORGANIZATION OF CRIMINAL INVESTIGATION BODIES

Pursuant to the Constitution of the Socialist Republic of Vietnam;

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.

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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

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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

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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.

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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.

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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.

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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

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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.

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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-

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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);

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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.

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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.

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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.

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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

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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.

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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.

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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.

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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.

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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

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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;

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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;

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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

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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.

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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;

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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;

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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;

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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:

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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.

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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.

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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.

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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.

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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

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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 XIII^th National Assembly of the Socialist Republic of Vietnam at its 10^th session.-

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CHAIRMAN OF THE NATIONAL ASSEMBLY




Nguyen Sinh Hung