Circular No. 06/2003/TT-BCA(V19) guiding the implementation of certain provisions of the Regulation on the management of evidence storage facilities (issued together with Decree No. 18/2002/NĐ-CP dated February 18, 2002 of the Government) within the People's Public Security Forces.

CIRCULAR

Guidelines for Implementing Certain Provisions of the Regulation on Management of Evidence Storage(issued together with Decree No. 18/2002/NĐ-CPdated February 18, 2002 of the Government) within the People's Public Security Forces

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On February 18, 2002, the Government issued Decree No. 18/2002/NĐ-CP promulgating the Regulation on Management of Evidence Storage. To ensure consistent implementation within the People's Public Security Forces, the Ministry of Public Security provides guidelines for certain provisions of the Regulation on Management of Evidence Storage as follows:

1. Organization of Evidence Storage:

a) In order to serve the investigation and prosecution of criminal cases handled by investigative agencies and other agencies assigned to conduct certain investigative activities under the People's Security Force and the People's Police Force, and accepted for resolution by the People's Procuracy, each public security agency at the district, city district, town, and provincial level (hereinafter referred to as public security agency at the district level) shall organize an evidence storage facility managed by the police force for protection and judicial support; each public security agency at the provincial level (hereinafter referred to as public security agency at the provincial level) shall organize an evidence storage facility managed by the Provincial Police Force for Protection and Judicial Support; and at the Ministry of Public Security, an evidence storage facility shall be organized and managed by the National Police Force for Protection and Judicial Support.

b) The Director of the public security agency at the provincial level shall base on the staffing of officers and soldiers determined by the Ministry for the locality, the quantity of evidence, items, and other documents that need to be stored regularly in the evidence storage facility, to decide on the number of officers and soldiers responsible for managing the evidence storage facility in their locality, ensuring that each evidence storage facility has at least two officers and soldiers (including one custodian of the evidence storage facility). The custodian of the evidence storage facility at the provincial public security agency shall be decided by the Director of the provincial public security agency from among the officers of the Provincial Police Force for Protection and Judicial Support; the custodian of the evidence storage facility at the district public security agency shall be decided by the Chief of the district public security agency from among the officers of the District Police Force for Protection and Judicial Support.

c) The Director of the National Police Force for Protection and Judicial Support shall base on the staffing of officers and soldiers of his unit, the quantity of evidence, items, and other documents that need to be stored regularly in the evidence storage facility, to decide on specific officers and soldiers of his unit responsible for managing the evidence storage facility, ensuring that there are at least two officers and soldiers (including one custodian of the evidence storage facility).

d) The evidence storage facility must be staffed to provide 24/24 hour security.

e) For evidence storage facilities that have been constructed in accordance with technical standards stipulated in the Regulation on Management of Evidence Storage and meet practical requirements, they shall maintain their current status and continue to be used as evidence storage facilities, but still must go through procedures for establishing the evidence storage facility. For evidence storage facilities that have been constructed but do not meet technical standards, do not meet practical requirements, or places where there are no evidence storage facilities, then a file requesting establishment, construction, repair, or renovation of the evidence storage facility must be prepared and reported to the Minister of Public Security for decision.

2. Documents and Procedures for Requesting Establishment, Construction, Repair, or Renovation of Evidence Storage Facilities.

a) The documents requesting establishment, construction, repair, or renovation of evidence storage facilities include:

- A letter requesting the Minister of Public Security from the Director of the public security agency at the provincial level (for evidence storage facilities at local public security agencies) or from the General Director of General Department II (for evidence storage facilities at the Ministry), clearly stating the location for establishment, construction, repair, or renovation and the scale of the evidence storage facility; estimated construction or repair costs...

- Decision on land allocation by the competent People's Committee (except in cases where the evidence storage facility is built on land currently under the use of the public security agency);

- Design documents for construction or repair, renovation of the evidence storage facility in accordance with laws on construction;

- Estimated technical and operational equipment necessary for the evidence storage facility; - Written opinions of General Departments II, III, IV, VI, and V22 regarding the request for establishment, construction, repair, or renovation of the evidence storage facility;

- Written opinions of General Department II, General Department III, General Department IV, General Department VI, and V22 regarding the proposal to establish, construct, repair, and renovate evidence storage facilities;

- Other related documents.

b) Procedures for Requesting Establishment, Repair, Renovation, or New Construction of Evidence Storage Facilities.

- At the local level, public security agencies at various levels requiring establishment, new construction, or repair and renovation of evidence storage facilities must prepare a request file. The file is sent to the provincial public security agency for consolidation. The provincial public security agency is responsible for receiving, consolidating, and completing the files of its units and localities, drafting a letter requesting the Minister of Public Security and sending it along with the file to General Department II. After receiving the letter and request file, General Department II is responsible for coordinating with General Departments III, IV, VI, and V22 to review, assess, and submit to the Minister for decision.

- At the Ministry, General Department II prepares files on the establishment, new construction, or repair and renovation of evidence storage facilities; at the same time, it coordinates with General Departments III, IV, VI, and V22 to request the Minister of Public Security to issue a decision on the establishment, new construction, or repair and renovation of evidence storage facilities at the Ministry of Public Security.

3. Acceptance, Transfer, Preservation, and Management of Evidence, Items, and Other Documents of Criminal Cases.

a) Direct management units of evidence storage facilities at all levels of public security agencies are responsible for accepting, preserving, and managing evidence, items, and other documents of criminal cases according to Clause 1, Article 3 of the Regulation on Management of Evidence Storage during the stages of indictment, investigation, and prosecution.

After the court issues a decision to bring the case to trial, evidence, items, and other documents of the case being preserved in the evidence storage facility of the public security agency must be transferred to the evidence storage facility of the enforcement agency for management to serve the trial and enforcement process. Immediately upon issuance of the decision to bring the case to trial, the Head of the direct management unit of the evidence storage facility must request the People's Procuracy at the same level handling the case to issue an order for removal and carry out the receipt, transportation, and transfer of evidence, items, and other documents of the case from the evidence storage facility of the public security agency to the evidence storage facility of the enforcement agency.

b) In cases where evidence items or objects of the case are money, gold, silver, precious metals, gemstones, antiques, weapons, explosives, flammable materials, toxic substances, radioactive materials, animals, plants, due to objective conditions, the agency handling the case cannot immediately transfer them to the specialized agency for safekeeping, they must temporarily store them in the evidence warehouse for safekeeping. Once the obstacles are overcome or when the objective conditions that hinder the transfer no longer exist, the head of the judicial protection and support unit must request the agency handling the case to issue an order for the release and promptly carry out the receipt and transfer of the aforementioned evidence items and objects to the specialized agency for safekeeping.

c) All other evidence items, objects, and documents in the evidence warehouse must be classified and arranged reasonably, and appropriate management systems must be applied to facilitate their entry, exit, storage, and prevent confusion, loss, damage, depreciation, loss of evidentiary value, usability value, or environmental pollution, harm to state assets, organizations, individuals, and human life and health.

d) Attach to this Circular samples of orders for the entry and exit of evidence items (Form Nos. 1a, 1b, 2a, 2b).

4. Inspect, review, and propose the handling of evidence items, objects, and other documents of the case that are stagnant, lost, damaged, or have lost their evidentiary value.

Police units and localities with evidence warehouses must organize at least two inspections and reviews of evidence items, objects, and other documents of the case being stored in the evidence warehouse under their management every year. During inspection and review, if any evidence items, objects, or other documents of the case are found to be stagnant, not processed together with the case, or already processed but the responsible agency has delayed execution... or if any evidence items, objects, or other documents of the case are found to be lost, damaged, or have lost their evidentiary value, then request the head of the judicial protection and support unit to report and propose the competent authority to handle the matter. The head of the judicial protection and support unit shall notify and propose the competent authority to handle the matter.

5. Implementation Organization.

Entrust the heads of police units and localities with evidence warehouses to monitor, inspect, and urge the implementation of this Circular.

This Circular takes effect fifteen days from the date of publication in the Official Gazette. If any difficulties arise during implementation, police units and localities should report to the Ministry (through the Second General Department) for timely guidance./.