THE STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 23/2004/PL-UBTVQH11
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Hanoi, August 20,
2004
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ORDINANCE
ON ORGANIZATION OF CRIMINAL INVESTIGATIONS
Pursuant to the 1992 Constitution of the
Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National
Assembly, its 10th session;
Pursuant to the Criminal Procedure Code;
This Ordinance prescribes the organizational apparatus and specific
investigating competence of the investigating agencies; the specific tasks and
powers in investigating activities of the Border Guard, the Customs, the
Ranger, the Coast Guard and other agencies of the People's Police and the
People's Army which are assigned to conduct a number of investigating
activities.
Chapter I
GENERAL PROVISIONS
Article 1.- Investigating agencies
1. The People's Police has the following
investigating agencies:
a) The investigating police agency of the
Ministry of Public Security; the investigating police agencies of the Police
Departments of the provinces and centrally-run cities (hereinafter called
collectively the investigating police agencies of the provincial-level Police
Departments); the investigating police agencies of the Police Sections of rural
districts, urban districts, provincial capitals, provincial cities (hereinafter
called collectively the investigating police agencies of the district-level
Police Sections);
b) The investigating security agency of the
Ministry of Public Security; the investigating security agencies of the Police
Departments of the provinces and centrally-run cities (hereinafter called
collectively the investigating security agencies of the provincial-level Police
Departments).
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a) The criminal investigation agency of the
Ministry of Defense; the criminal investigation agencies of military zones and
the equivalent; the regional criminal investigation agencies;
b) The investigating security agency of the
Ministry of Defense; the investigating security agencies of military zones and
the equivalent.
3. The Supreme People's Procuracy has the
following investigating agencies:
a) The investigating agency of the Supreme
People's Procuracy;
b) The investigating agencies of the Central
Military Procuracy.
4. The investigating agencies are composed of
their heads, deputy-heads and investigators.
Article 2.- Agencies tasked to conduct a number of investigating
activities
The agencies tasked to conduct a number of
investigating activities include the Border Guard, the Customs, the Ranger, the
Coast Guard, other agencies of the People's Police or the People's Army, as
defined in Articles 19, 20, 21, 22, 23, 24 and 25 of this Ordinance.
Article 3.- Tasks of the investigating agencies
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Article 4.- Investigating tasks of the agencies tasked to conduct a
number of investigating activities
1. The Border Guard, the Customs, the Ranger,
the Coast Guard, if detecting criminal acts serious enough to be examined for penal
liability while performing tasks in their respective management domains, shall
conduct the investigating activities as provided for in Articles 19, 20, 21 and
22 of this Ordinance.
2. Other agencies of the People's Police, the
People's Army, which are tasked to conduct a number of investigating
activities, if detecting matters showing criminal signs while performing their
tasks, shall be entitled to institute the cases, conduct initial investigating
activities and transfer the files to the competent investigating bodies as
provided for in Articles 23, 24 and 25 of this Ordinance.
Article 5.- Principles for investigating activities
1. Only the investigating bodies and agencies
tasked to conduct a number of investigating activities, which are defined in this
Ordinance, can investigate criminal cases. All investigating activities must
comply with the provisions of the Criminal Procedure Code and this Ordinance.
2. Investigating activities must respect the
truths, be carried out in an objective, comprehensive and adequate manner;
accurately and promptly detect every criminal act, clarify evidences proving
guilty and evidences proving not guilty, circumstances that aggravate and
extenuate the penal liability of offenders without omitting criminals and doing
injustice to innocent people.
3. The subordinate investigating agencies submit
to the professional guidance and directions of the superior investigating
agencies.
Article 6.- Responsibilities of the procuracies in investigating
activities
The procuracies supervise the law observance in
investigating activities in order to ensure that the investigating activities
of the investigating agencies, the Border Guard, the Customs, the Ranger, the
Coast Guard, other agencies of the People's Police or the People's Army which
are tasked to conduct a number of investigating activities comply with the
provisions of the Criminal Procedure Code and this Ordinance.
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The investigating agencies, the Border Guard,
the Customs, the Ranger, the Coast Guard and other agencies of the People's
Police or the People's Army which are tasked to conduct a number of
investigating activities must act upon the requests and decisions of the
procuracies as provided for in the Criminal Procedure Code.
Article 7.- Responsibilities of agencies, organizations and citizens
in investigating activities
1. Organizations and citizens have the right and
obligation to detect and denounce criminal acts, have the responsibility to act
upon the requests of, and create conditions for, the investigating agencies,
the Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of
the People's Police or the People's Army which are tasked to conduct a number
of investigating activities, the heads and deputy-heads of investigating
agencies, investigators, the heads and deputy-heads of agencies tasked to
conduct a number of investigating activities to perform their investigating
tasks.
2. Within the scope of their respective
responsibilities, the State agencies must inform the investigating agencies of
all criminal acts having happened in their offices and management domains; have
the right to propose and send relevant documents to the investigating agencies
for considering the institution of cases against offenders; have the
responsibility to act upon the requests of, and create conditions for, the
investigating agencies, the Border Guard, the Customs, the Ranger, the Coast
Guard, other agencies of the People's Police or the People's Army which are
tasked to conduct a number of investigating activities, the heads and
deputy-heads of investigating agencies, investigators, the heads and
deputy-heads of agencies tasked to conduct a number of investigating activities
to perform their investigating tasks.
3. Within the scope of their responsibilities,
the investigating agencies must consider and handle reported information and
denunciations on offenders, propose case institution, notify the handling results
to agencies or organizations which have supplied the information or petitions
and the persons who have denounced the offenders, and must apply necessary
measures to protect the denouncers.
Article 8.- Supervision by agencies, organizations, people-elected
deputies over investigating activities of the investigating agencies, the
Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of the
People's Police or the People's Army which are tasked to conduct a number of
investigating activities
The state agencies, the Vietnam Fatherland Front
Committees and member organizations of the Front, people-elected deputies have
the rights to supervise the investigating activities of the investigating
agencies, the Border Guard, the Customs, the Ranger, the Coast Guard, other
agencies of the People's Police or the People's Army which are tasked to
conduct a number of investigating activities, the heads and deputy-heads of the
investigating agencies, investigators, the heads and deputy-heads of agencies
tasked to conduct a number of investigating activities.
In case of detecting illegal acts in
investigating activities, the state agencies and people-elected deputies may
request and the Vietnam Fatherland Front Committees and member organizations of
the Front may propose the competent agencies to consider and handle them
according to the provisions of the Criminal Procedure Code. Within the scope of
their responsibilities, the investigating agencies, the Border Guard, the
Customs, the Ranger, the Coast Guard, other agencies of the People's Police or
the People's Army which are tasked to conduct a number of investigating
activities must consider and settle them and notify the settlement results to
the agencies and persons that have made the requests or proposals.
Chapter II
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Section A. ORGANIZATION AND
INVESTIGATING COMPETENCE OF INVESTIGATING AGENCIES IN THE PEOPLE'S POLICE
Article 9.- Organization of the investigating police agencies in the People's
Police
1. The investigating police agency of the
Ministry of Public Security is organized to comprise the Police Department for
Investigation of Social Order- Related Crimes, the Police Department for
Investigation of Crimes Related to Economic Management Order and to Positions,
the Police Department for Investigation of Drug-Related Crimes, and its Office.
2. A provincial-level investigating police
agemcu is organized to comprise the Police Section for Investigation of Social
Order-Related Crimes, the Police Section for Investigation of Crimes Related to
Economic Management Order and to Positions, the Police Section for
Investigation of Drug-Related Crimes, and its office.
3. A district-level investigating police agency
is organized to comprise the Police Team for Investigation of Social
Order-Related Crimes, the Police Teams for Investigation of Crimes Related to
Economic Management Order and to Positions, the Police Team for Investigation
of Drug-Related Crimes, and its assisting apparatus.
Article 10.- Organization of the investigating security agencies in the
People's Police
1. The investigating security agency of the
Ministry of Public Security is organized to comprise investigating sections,
operation teams, and its office.
2. A provincial-level investigating security
agency is organized to comprise investigating teams, operation teams and its
assisting apparatus.
Article 11.- Investigating competence of the investigating police
agencies in the People's Police
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2. The investigating police agencies of the
provincial-level Police Departments shall investigate criminal cases related to
the crimes prescribed in Clause 1 of this Article when such crimes fall under
the trial jurisdiction of the provincial-level people's courts or the crimes
which fall under the investigating competence of the investigating police
agencies of the district-level Police Sections when deeming it necessary to
directly conduct the investigations.
3. The investigating police agency of the
Ministry of Public Security shall investigate particularly serious and
complicated crimes which fall under the investigating competence of the
investigating police agencies of the provincial-level Police Departments when
deeming it necessary to directly conduct the investigation.
Article 12.- Investigating competence of the investigating security
agencies in the People's Police
1. The investigating security agencies of the
provincial-level Police Departments shall conduct criminal investigations of
the crimes prescribed in Chapter XI, Chapter XXIV and the crimes prescribed in
Articles 180, 181, 221, 222, 223, 230, 231, 232, 236, 263, 264, 274 and 275 of
the Penal Code when such crimes fall under the trial jurisdiction of the
provincial-level people's courts.
2. The investigating security agency of the
Ministry of Public Security shall investigate criminal cases related to
particularly serious and complicated crimes which fall under the investigating
competence of the investigating security agencies of the provincial-level
Police Departments as provided for in Clause 1 of this Article when deeming it
necessary to directly conduct the investigations.
Section B. ORGANIZATION AND
INVESTIGATING COMPETENCE OF THE INVESTIGATING AGENCIES IN THE PEOPLE'S ARMY
Article 13.- Organization of the criminal investigation agencies in the
People's Army
1. The criminal investigation agency of the
Defense Ministry is organized to comprise investigating sections, operation
sections, and its assisting apparatus.
2. A military-zone or equivalent-level criminal
investigation agency is organized to comprise the investigation board and its
assisting apparatus.
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4. Basing itself on the tasks and organization of
the Army in each period, the Government shall submit to the National Assembly
Standing Committee for decision the establishment or dissolution of
military-zone or equivalent-level criminal investigation agencies, regional
criminal investigation agencies.
Article 14.- Organization of the investigating security agencies in the
People's Army
1. The investigating security agency of the
Defense Ministry is organized to comprise investing sections, operation
sections, and its assisting apparatus.
2. A military-zone or equivalent-level
investigating security agency is organized to comprise the investigating board
and its assisting apparatus.
3. Basing itself on the tasks and organization
of the Army in each period, the Government shall submit to the National Assembly
Standing Committee for decision the establishment or dissolution of
military-zone or equivalent-level investigating security agencies.
Article 15.- Investigating competence of the criminal investigation
agencies in the People's Army
1. The regional criminal investigation agencies
shall investigate criminal cases related to the crimes prescribed in Chapter
XII thru Chapter XXIII of the Penal Code when such crimes fall under the trial
jurisdiction of the regional military courts, excluding crimes which fall under
the investigating competence of the investigating agency of the Central
Military Procuracy.
2. The military-zone or equivalent-level
criminal investigation agencies shall investigate criminal cases related to the
crimes prescribed in Clause 1 of this Article when such crimes fall under the
trial jurisdiction of the military courts of military zones or the equivalent
or the crimes which fall under the investigating competence of the regional
criminal investigation agencies when deeming it necessary to directly conduct
the investigations.
3. The criminal investigation agency of the
Defense Ministry shall investigate criminal cases related to particularly
serious or complicated crimes which fall under the investigating competence of
the criminal investigation agencies of military zones or the equivalent when
deeming it necessary to directly conduct the investigations.
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1. The investigating security agencies of
military zones or the equivalent shall investigate criminal cases related to
the crimes prescribed in Chapter XI thru Chapter XXIV of the Penal Code when
such crimes fall under the trial jurisdiction of the military courts of
military zones or the equivalent.
2. The investigating security agency of the
Defense Ministry shall investigate criminal cases related to particularly
serious or complicated crimes which fall under the investigating competence of
the investigating security agencies of military zones or the equivalent when
deeming it necessary to directly conduct the investigations.
Section C. ORGANIZATION AND
INVESTIGATING COMPETENCE OF THE INVESTIGATING AGENCY OF THE SUPREME PEOPLE'S
PROCURACY
Article 17.- Organization of the investigating agency of the Supreme
People's Procuracy
1. The investigating agency of the Supreme
People's Procuracy is organized to comprise investigating sections and its
assisting apparatus.
2. The investigating agency of the Central
Military Procuracy is organized to comprise the investigating section and its
assisting apparatus.
Article 18.- Investigating competence of the investigating agency of
the Supreme People's Procuracy
1. The investigating agency of the Supreme
People's Procuracy shall investigate criminal cases related to some types of
crime of infringing upon judicial activities where the offenders are officials
of judicial bodies when such crimes fall under the trial jurisdiction of the
people's courts.
2. The investigating agency of the Central
Military Procurary shall investigate the criminal cases prescribed in Clause 1
of this Article when such crimes fall under the trial jurisdiction of the
military courts.
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INVESTIGATING POWERS OF THE AGENCIES
TASKED TO CONDUCT A NUMBER OF INVESTIGATING ACTIVITIES
Article 19.- Investigating powers of the Border Guard
1. If the Border Guard, when performing the
tasks in its management domain, detect the crimes prescribed in Chapter XI and
Articles 119, 120, 153, 154, 172, 180, 181, 188, 192, 193, 194, 195, 196, 230,
232, 236, 264, 273, 274 and 275 of the Penal Code committed in the land border
areas, coasts, islands and sea areas managed by the Border Guard, the director
of the Border Guard Reconnaissance Department, the provincial/municipal Border
Guard commanders, the chiefs of border-guard stations shall have the powers:
a) For less serious crimes caught in the act
with clear evidences and personal records of offenders, to issue decisions to
institute the cases, examine the scenes, conduct searches, take testimonies,
confiscate, temporarily seize and preserve exhibits, documents directly related
to the cases, call for expertise when necessary, initiate criminal proceedings
against the accused, take other investigating measures as provided for by the
Criminal Procedure Code, complete the investigation and transfer the case files
to the competent procuracies within twenty days as from the date of issuing
decisions to institute the cases;
b) For serious, very serious, exceptionally
serious crimes or less serious but complicated crimes, to issue decisions to
institute the cases, examine the scenes, conduct searches, take testimonies,
confiscate, temporarily seize and preserve exhibits, documents directly related
to the cases; when deeming it necessary to immediately prevent offenders from
escape, destruction of exhibits or further commission of crimes, to immediately
send such persons to police offices and ask for the urgent arrest warrants of
the competent bodies; to transfer the case files to competent investigating agencies
within seven days as from the date of issuing decisions to institute the cases;
c) To apply preventive measures according to the
provisions of the Criminal Procedure Code.
2. The director of the Border Guard Reconnaissance
Department, the provincial/municipal Border Guard commanders, the border-guard
station chiefs shall directly organize and direct the investigating activities,
decide to assign or replace their respective deputies in investigation of
criminal cases, inspect the investigating activities, decide to change or annul
groundless and illegal decisions of their deputies, settle denunciations
according to the provisions of the Criminal Procedure Code.
When the director of the Border Guard
Reconnaissance Department, the provincial/municipal Border Guard commanders or
border-guard station chiefs are absent, one of their deputies shall be
authorized to perform the their powers prescribed in this Clause and must bear
responsibility before their heads for the assigned tasks.
3. When assigned to investigate criminal cases,
the deputy-director of the Border Guard Reconnaissance Department, the
provincial/municipal Border Guard deputy-commanders and the border-guard
station deputy-chiefs may apply the investigating measures prescribed in Clause
1 of this Article.
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Article 20.- Investigating powers of the Customs
1. If the Customs offices, when performing tasks
in their management domain, detect the crimes prescribed in Articles 153 and
154 of the Penal Code, the director of the Smuggle Investigation Department,
the director of the Post-Customs Clearance Inspection Department, the directors
of the provincial/municipal Customs Departments, the heads of the border-gate
Customs Sub-Departments shall have the powers:
a) For less serious crimes caught in the act
with clear evidences and personal records of offenders, to issue decisions to
institute the cases, take testimonies, confiscate, temporarily seize and
preserve exhibits, documents directly related to the cases, to conduct body
searches, search of storage places in the customs control areas, to call for
expertise when necessary, to initiate criminal proceedings against the accused,
take other investigating measures as provided for by the Criminal Procedure
Code, to complete investigations and transfer the case files to the competent
procuracies within twenty days as from the date of issuance of decisions to
institute the cases;
b) For serious, very serious, exceptionally
serious crimes or less serious but complicated crimes, to issue decisions to
institute the cases, take testimonies, confiscate, temporarily seize and
preserve exhibits, documents directly related to the cases, to conduct body
searches, search of storage places in the areas controlled by the Customs,
transfer the case files to the competent investigating agencies within seven
days after the issuance of the decisions to institute the cases.
2. The director of the Smuggle Investigation
Department, the director of the Post-Customs Clearance Inspection Department,
the directors of the provincial/municipal Customs Departments, the heads of the
border-gate Customs Sub-Departments shall directly organize and direct the
investigating activities, decide to assign or replace their deputies in the
investigation of criminal cases, inspect the investigating activities, decide
to change or annul groundless and illegal decisions of their deputies, to
settle denunciations according to the Criminal Procedure Code.
When the director of the Smuggle Investigation
Department, the director of the Post-Customs Clearance Inspection Department,
the directors of the provincial/municipal Customs Departments or the heads of
the border-gate Customs Sub-Departments are absent, one of their deputies shall
be authorized to perform their powers prescribed in this Clause and such
deputies must take responsibility before their heads for the assigned tasks.
3. When assigned to investigate criminal cases,
the deputy-directors of the Smuggle Investigation Department, the
deputy-directors of the Post-Customs Clearance Department, the deputy-directors
of the provincial/municipal Customs Departments, the deputy-heads of the
border-gate Customs Sub-Departments may apply the investigating measures
prescribed in Clause 1 of this Article.
4. The director and deputy-directors of the
Smuggle Investigation Department, the director and deputy-directors of the
Post-Customs Clearance Inspection Department, the directors and
deputy-directors of the provincial/municipal Customs Departments, the heads and
deputy-heads of the border-gate Customs Sub-Departments must be answerable
before law for their acts and decisions.
Article 21.- Investigating powers of the Ranger
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a) For less serious crimes caught in the act
with clear evidences and personal records of offenders, to issue decisions to
institute the cases, examine the scenes, conduct searches, take testimonies,
confiscate, temporarily seize and preserve exhibits, documents directly related
to the cases, call for expertise when necessary, to initiate criminal
proceedings against the accused, take other investigating measures as provided
for by the Criminal Procedure Code, complete the investigations and transfer
the case files to competent procuracies within twenty days after the issuance
of decisions to institute the cases;
b) For serious, very serious, exceptionally
serious crimes or less serious but complicated crimes, to issue decisions to
institute the cases, examine the scenes, conduct searches, take testimonies,
confiscate, temporarily seize and preserve exhibits, documents directly related
to the cases, transfer the case files to competent investigating agencies within
seven days after the issuance of decisions to institute the cases.
2. The director of the Ranger Department, the
directors of Ranger Sub-Departments, the heads of the Ranger Sections, the
heads of the Forest Products Inspection Sections shall directly organize and
direct the investigating activities, decide to assign or replace their deputies
in the investigation of criminal cases, to inspect the investigating
activities, to decide to change or annul groundless or illegal decisions of
their deputies, to settle denunciations according to the provisions of the
Criminal Procedure Code.
When the director of the Ranger Department, the
directors of the Ranger Sub-Departments, the heads of the Ranger Sections, the
heads of the Forest Products Inspection Sections are absent, one of their
deputies shall be authorized to perform their powers prescribed in this Clause
and must bear responsibility to their heads for the assigned tasks.
3. When assigned to investigate criminal cases,
the deputy-directors of the Ranger Department, the deputy-directors of the
Ranger Sub-Departments, the deputy-heads of the Ranger Sections and the
deputy-heads of the Forest Products Inspection Sections may apply the
investigating measures prescribed in Clause 1 of this Article.
4. The director and deputy-directors of the
Ranger Department, the directors and deputy-directors of the Ranger
Sub-Departments, the heads and deputy-heads of the Ranger Sections, the heads
and deputy-heads of the Forest Products Inspection Sections must be answerable
before law for their acts and decisions.
Article 22.- Investigating powers of the Coast Guard force
1. If the Coast Guard units, when performing
tasks in their management domain, detect the crimes prescribed in Chapter XI
and Articles 153, 154, 172, 183, 188, 194, 195, 196, 212, 213, 221, 223, 230,
231, 232, 236, 238, 273 and 274 of the Penal Code committed in the sea areas
and continental shelf of the Socialist Republic of Vietnam, which are managed
by the Coast Guard, the director of the Department, the regional commanders,
the fleet commanders, the flotilla commanders and the heads of Coast Guard
teams shall have the powers:
a) For less serious crimes caught in the act
with clear evidences and personal records of offenders, to issue decisions to
institute the cases, examine the scenes, conduct searches, take testimonies,
confiscate, temporarily seize and preserve exhibits, documents directly related
to the cases, to call for expertise when necessary, to initiate criminal
proceedings against the accused, take other investigating measures as provided
for by the Criminal Procedure Code, complete the investigations and transfer
the case files to competent procuracies within twenty days after the issuance
of decisions to institute the cases;
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c) To apply preventive measures as prescribed by
the Criminal Procedure Code.
2. The director of the Department, the regional
commanders, the fleet commanders, the flotilla commanders and leaders of the
Coast Guard teams shall directly organize and direct the investigating
activities, decide to assign or replace their deputies in the investigation of
criminal cases, inspect the investigating activities, decide to change or
annual groundless and illegal decisions of their deputies, settle denunciations
under the provisions of the Criminal Procedure Code.
When the director of the Coast Guard Department,
regional commanders, fleet commanders, flotilla commanders and Coast Guard team
leaders are absent, they shall authorize one of their deputies to perform their
powers prescribed in this Clause and such deputies must bear responsibility to
their heads for the assigned tasks.
3. When assigned to investigate criminal cases,
the deputy-directors of the Department, the regional deputy-commanders, the
fleet deputy-commanders, the flotilla deputy-commanders and Coast Guard team
deputy-leaders may apply the investigating measures prescribed in Clause 1 of
this Article.
4. The director and deputy-directors of the
Department, the regional commanders and deputy-commanders, the fleet commanders
and deputy-commanders, the flotilla commanders and deputy-commanders, the Coast
Guard team leaders and deputy-leaders must be answerable before law for their
acts and decisions.
Article 23.- Investigating powers of other agencies of the police force
in the People's Police, which are tasked to conduct a number of investigating
activities
1. If the Road-Railway Traffic Police
Department, the Waterway Traffic Police Department, the Fire-Fighting Police
Department, the Police Department for Administrative Management of Social
Order, the Guard and Judicial Assistance Police Department, the Road-Railway
Traffic Police Sections, the Waterway Traffic Police Sections, the
Fire-Fighting Police Sections, the police sections for administrative
management of social order, the guard and judicial assistance police sections,
the remand homes, the detention camps, while performing their respective tasks,
detect signs of crimes falling under the investigating competence of the
investigating police agencies prescribed in Article 11 of this Ordinance, the
director of the Road-Railway Traffic Police Department, the director of the
Waterway Traffic Police Department, the director of the Fire-Fighting Police
Department, the director of the Police Department for Administrative Management
of Social Order, the director of the Guard and Judicial Assistance Police Department,
the heads of the Road-Railway Traffic Police Sections, the heads of the
Waterway Traffic Police Sections, the heads of the Fire-Fighting Police
Sections, the heads of the police sections for administrative management of
social order, the heads of the police sections for guard and judicial
assistance, the superintendents of remand homes, detention camps shall issue
decisions to institute the cases, take testimonies, examine the scenes, conduct
searches, confiscate, temporarily seize and preserve exhibits, documents
directly related to the cases, transfer the case files to competent
investigating police agencies within seven days after the issuance of decisions
to institute the cases.
2. The Department directors and section
directors prescribed in Clause 1 of this Article, the remand home
superintendents, detention camp superintendents shall directly organize and
direct the investigating activities, decide to assign or replace their deputies
in the investigation of criminal cases, inspect the investigating activities,
decide to change or annul groundless and illegal decisions of their deputies,
settle denunciations according to the provisions of the Criminal Procedure Code.
When the Department directors, section heads,
remand home superintendents, detention camp superintendents are absent, one of
their deputies shall be authorized to perform the heads' powers prescribed in
this Clause and such deputies shall bear responsibility to their heads for the
assigned tasks.
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4. The Department directors and deputy
directors, the section heads and deputy heads, the remand home superintendents
and deputy-superintendents, the detention camp superintendents and
deputy-superintendents must be answerable before law for their acts and
decisions.
Article 24.- Investigating powers of other agencies of the security
force in the People's Police, which are tasked to conduct a number of
investigating activities
1. If security departments or security sections
of the provincial-level Police Departments, which are directly engaged in the
struggle to prevent and combat the crimes prescribed in Article 12 of this
Ordinance, detect criminal signs while performing their tasks, the directors of
such departments or the heads of such sections shall issue decisions to
institute the cases, take testimonies, examine the scenes, conduct searches,
confiscate, temporarily seize and preserve exhibits, documents directly related
to the cases; when deeming it necessary to immediately prevent offenders from
escape, destruction of exhibits or further commission of crimes, they must
immediately escort such persons to police offices and ask for the urgent arrest
warrants of competent bodies; within seven days after the issuance of the
decisions on case institution, they must transfer the case files to competent
investigating security agencies.
If the security teams in the district-level
police sections, while performing their tasks, detect signs of crimes falling
under the investing competence of the investigating security agencies of the
provincial-level Police Departments, they must immediately hunt for the
escapees, take testimonies, confiscate, temporarily seize and preserve
exhibits, documents directly related to the cases and promptly report thereon
to the provincial-level investigating security agencies.
2. The directors of the Departments, the heads
of the sections, defined in Clause 1 of this Article, shall directly organize
and direct the investigating activities, decide to assign or replace their
deputies in the investigation of criminal cases, inspect the investigating
activities, decide to replace or annul the groundless and illegal decisions of
their deputies, settle denunciations under the provisions of the Criminal
Procedure Code.
When the directors of the security departments,
the heads of the security sections of the provincial-level Police Departments
are absent, one of their deputies shall be authorized to perform the heads'
powers specified in this Clause and must bear responsibility to their heads for
the assigned tasks.
3. When assigned to investigate criminal cases,
the deputy-directors of the security departments, the deputy-heads of the
security sections of the provincial-level Police Departments may apply the
investigating measures prescribed in Clause 1 of this Article.
4. The Department directors and deputy
directors, the section heads and deputy heads must be answerable before law for
their acts and decisions.
Article 25.- Investigating powers of other agencies in the People's
Army, which are tasked to conduct a number of investigating activities
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When the remand home superintendents or the
detention camp superintendents are absent, one of their deputies shall be authorized
to perform their heads' powers specified in this Clause and bear responsibility
to their heads for the assigned tasks.
2. The commanders of independent regiment- or
equivalent-level units, when detecting criminal acts which fall under the
investigating competence of the investigating agencies in the People's Army and
occur within the areas where their respective units are stationed, shall have
the right to make records on crimes caught in the act, take testimonies,
conduct searches, confiscate, temporarily seize and preserve exhibits,
documents directly related to the cases, apply the preventive measures under
the provisions of the Criminal Procedure Code, promptly transfer the case files
to the competent investigating agencies.
3. The remand home superintendents, the
detention camp superintendents, commanders of independent regiment- or
equivalent-level units must be answerable before law for their acts and
decisions.
Chapter IV
RELATIONSHIP OF ASSIGNMENT AND
COORDINATION IN INVESTIGATING ACTIVITIES
Article 26.- Relationships between investigating agencies, agencies
tasked to conduct a number of investigating activities
1. The relations among investigating agencies,
between investigating agencies and the agencies tasked to conduct a number of
investigating activities or among agencies tasked to conduct a number of
investigating activities are the relations of assignment and coordination in
investigating activities.
The written requests of investigating agencies
must be strictly implemented by agencies tasked to conduct a number of
investigating activities.
2. For cases showing criminal signs, where the
investigating competence is not yet identified, the investigating agencies
which detect them first shall have to promptly apply the investigating measures
under the provisions of the Criminal Procedure Code; when the investigating
competence is identified, the cases shall be transferred to the competent
investigating agencies as provided for by the Criminal Procedure Code.
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4. The people's police, people's security or
military police units shall have to provide supports and act upon requests of
the heads, deputy-heads of investigating agencies, inspectors and the heads or
deputy-heads of the agencies tasked to conduct a number of investigating
activities in the investigating activities.
Article 27.- Investigation entrustment
When necessary, an investigating agency may
entrust another investigating agency to conduct a number of investigating activities.
An entrustment decision must clearly state the specific requirements. The
entrusted investigating agency has the responsibility to fully perform the
entrusted tasks within the time limit requested by the entrusting investigating
agency.
In cases where the entrusted investigating
agency cannot perform any or all of the entrusted tasks, they must immediately
notify such in writing to the entrusting investigating agency and clearly state
the reasons therefor.
Article 28.- Settlement of disputes over investigating competence
1. When there appear disputes over the
investigating competence among the investigating agencies, the heads of the
procuracies of the same level of the localities where the crimes are committed
or where the crimes are detected shall decide.
2. When there appear disputes over the
investigating competence among the Border Guard, the Customs, the Ranger, the
Coast Guard, the heads of the competent procuracies of the localities where the
cases occur shall decide.
In case of necessity, the competent
investigating agencies shall have the right to request the agencies tasked to
conduct a number of investigating activities to transfer the case files for
their direct investigations. The investigating agencies' requests are binding
on the agencies tasked to conduct a number of investigating activities.
Chapter V
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Article 29.- Investigators
Investigators are persons appointed under law
provisions to perform the tasks of investigating criminal cases.
Article 30.- Criteria of investigators
1. Vietnamese citizens who are loyal to the
Fatherland and the Constitution of the Socialist Republic of Vietnam, have good
virtues, are non-corrupted and honest, have security university, policy
university or law university degree, investigating operation certificates, have
the practical work duration prescribed by this Ordinance, have good health to
ensure the performance of assigned tasks can be appointed to be investigators.
In cases where due to operation demands, persons
having university degrees in other disciplines, satisfying the above criteria
and possessing investigating operation certificates may also be appointed to be
investigators.
2. The investigators are classified into three
grades, being elementary investigators, intermediate investigators and senior
investigators:
a) Those who satisfy the criteria prescribed in
Clause 1 of this Article, have been engaged in law-related work for four years
or more, are police officers or army officers in active service, people’s
procuracy officials, capable of investigating cases involving less serious or
serious offenses can be appointed to be elementary investigators;
b) Those who satisfy the criteria prescribed in
Clause 1 of this Article, have worked as elementary investigators for at least
five years, are capable of investigating cases involving very serious or
exceptionally serious offenses and capable of guiding investigating activities
of elementary investigators can be appointed to be intermediate investigators.
In case of personnel demands, the persons who
satisfy the criteria prescribed in Clause 1 of this Article, have been engaged
in law-related work for nine years or more, are capable of investigating cases
involving very serious or exceptionally serious offenses and capable of guiding
investigating activities of elementary investigators can be appointed to be
intermediate investigators;
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In case of personnel demands, the persons who
satisfy the criteria prescribed in Clause 1 of this Article, have been engaged
in law-related work for fourteen years of more, are capable of studying,
synthesizing and proposing anti-crime measures, capable of investigating cases
involving very serious, exceptionally serious, complicated offenses, capable of
guiding investigating activities of elementary investigators and intermediate
investigators can be appointed to be senior investigators.
3. In special cases, the persons who are
seconded by competent agencies or organizations to work at investigating
agencies, though having not yet possessed the investigating operation
certificates and having not yet got enough the time prescribed at Point b or
Point c, Clause 2 of this Article, and satisfy all other criteria prescribed in
Clause 1, Point b or Point c of Clause 2 of this Article can also be appointed
to be intermediate investigators or senior investigators.
4. The investigators' term of office is five
years counting from the date of their appointment.
Article 31.- Investigator selection councils
1. The councils for selection of senior
investigators, intermediate investigators and elementary investigators in the
People's Police:
a) The council for selection of senior
investigators in the People's Police and intermediate investigators and
elementary investigators in the investigating agencies of the Ministry of
Public Security is composed of the general director of the General Department
for Building the People's Police Force as its chairman, leading officials of
the investigating police agency, the investigating security agency, the
Organization and Personnel Department and the Legal Department of the Ministry
of Public Security as its members.
b) The council for selection of intermediate
investigators, elementary investigators in the investigating agencies of the
provincial-level Police Departments and the investigating police agencies of
the district-level Police Sections is composed of the director of the
provincial-level Police Department as its chairman, the representatives of the
leaderships of the investigating police agencies, the investigating security
agencies, the organization and personnel section and the office of the
provincial-level Police Department as its members;
c) The lists of members of the councils for
selection of investigators in the People's Police shall be decided by the
Minister of Public Security at the proposal of the council chairmen.
2. The council for selection of investigators in
the People's Army is composed of the director of the General Political
Department as its chairman, the representatives of the leaderships of the Criminal
Investigation Agency, the Investigating Security Agency, the Personnel
Department and the Legal Department of the Defense Ministry as its members.
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3. The council for selection of investigators at
the Supreme People's Procuracy shall be composed of a deputy-chairman of the Supreme
People's Procuracy as its chairman, representatives of the Procurators'
Committee of the Supreme People's Procuracy, the Central Military Procuracy,
the investigating agency and the Organization-Personnel Department of the
Supreme People's Procuracy as its members.
The chairman of the Supreme People's Procuracy
shall appoint one of his/her deputies to act as chairman of the selection
council. The list of members of the council for selection of investigators in
the Supreme People's Procurary shall be decided by the chairman of the Supreme
People's Procuracy at the proposal of the selection council chairman.
Article 32.- Tasks and powers of the investigator selection councils
The investigator selection councils shall have
the following tasks and powers:
1. To select fully qualified persons for acting
as investigators at the proposal of the organization-personnel offices so that
the council chairmen shall propose the Minister of Public Security, the Defense
Minister or the chairman of the Supreme People's Procuracy to appoint them;
2. To examine cases where investigators can be
removed from office or dismissed under the provisions in Article 34 of this
Ordinance so that the council chairmen shall propose the Minister of Public
Security, the Defense Minister, the chairman of the Supreme People's Procuracy
to remove from office or dismiss investigators.
Article 33.- Things must not be done by investigators
The investigators must not do the following
things:
1. Things which State officials and employees,
or people's armed force officers and combatants must not do as provided for by
law:
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3. Illegally interfering in the settlement of
cases or abusing their influence to exert impacts on persons responsible for
the settlement of the cases.
4. Bringing case files or documents in case
files out of the offices if not for the assigned tasks or without the consents
of the competent persons;
5. Receiving defendants, the accused, involved
parties or other procedure participants in the cases which they have competence
to settle, outside the prescribed places.
Article 34.- Appointment, removal from office, dismissal of
investigators
1. The appointment, removal from office and
dismissal of investigators as well as the grant and withdrawal of
investigator's cards in the People's Police shall be decided by the Minister of
Public Security, in the People's Army shall be decided by the Defense Minister,
in the Supreme People's Procuracy shall be decided by its chairman.
2. Investigators shall be automatically relieved
from the investigator's title when they retire or move to other jobs.
Investigators may be relieved from the
investigator's title for health reason, family difficulties or other reasons
for which they deem unable to fulfill their assigned tasks.
3. Investigators shall automatically lose their
investigator's title when they are convicted with effective court judgments or
disciplined in form of being deprived of the people's police title, of the
people's army officer rank.
4. Depending on the nature and seriousness of
their violations, investigators can be deprived of the investigator's title in
one of the following cases:
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b) Violating the provisions of Article 33 of
this Ordinance;
c) Being disciplined in form of being removed
from their current managerial positions according to law provisions on State
officials and employees;
d) Violating regulations on moral qualities;
e) Committing other acts of law offense.
Article 35.- Appointment, removal from duty, dismissal of heads,
deputy-heads of investigating agencies
1. Senior investigators or intermediate
investigators who are capable of organizing and/or directing the investigating
activities can be appointed to be heads or deputy-heads of investigating
agencies.
2. The appointment, removal from duty and
dismissal, as well as the grant and withdrawal of certificates of the heads or
deputy heads of investigating agencies in the People's Police shall be decided
by the Minister of Public Security, in the People's Army shall be decided by
the Defense Minister and in the Supreme People's Procuracy shall be decided by
its chairman.
Chapter VI
ENSURING ACTIVITIES OF INVESTIGATING
AGENCIES
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1. Investigators shall enjoy salary, allowances
and other regimes as well as interests as provided for by law.
2. While conducting investigations, the
investigators shall be given priority in the purchase of tickets for travel on
public transportation means, be exempt from bridge, ferry, road tolls, traffic
charge in cities, provincial capitals.
In case of necessity to ward off criminal acts,
chase after criminals, rescue victims, the investigators are entitled to use
traffic, communications means of agencies, organizations and individuals,
including operators of such means, excluding means of diplomatic representations,
foreign consulates, representative offices of international organizations and
of persons entitled to diplomatic or consular privileges and immunities and
must immediately return the means when the emergency circumstances no longer
exist; in case of causing damage, the investigating agencies shall have to pay
compensations therefor according to law provisions.
Article 37.- Funds for investigating activities
1. Funds for investigating activities constitute
an amount in the State budget.
The estimation, management, allocation, use and
settlement of funds for investigating activities shall comply with the
legislation on the State budget.
2. The State shall prioritize the investment in
development of information technology and other means to ensure that the
investigating agencies well perform their functions and tasks.
Chapter VII
IMPLEMENTATION PROVISIONS
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This Ordinance replaces the April 4, 1989
Ordinance on Organization of Criminal Investigations.
The Government and the Supreme People's
Procuracy shall, within the scope of their tasks and powers, have to detail and
guide the implementation of this Ordinance.
ON BEHALF OF THE NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nguyen Van An