Ordinance No. 09/2009/UBTVQH12 Amending and Supplementing Certain Articles of the Ordinance on Criminal Investigation Organization

ORDINANCE

Amending and supplementing certain Articles of the Ordinance on Criminal Investigation Organization

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution number 51/2001/QH10;

Pursuant to the Criminal Procedure Code No. 19/2003/QH11;

Pursuant to Resolution No. 27/2008/NQ-QH12 on the Program for Law and Ordinance Drafting in 2009 and Supplementing the Program for Law and Ordinance Drafting of the National Assembly during the XIIth tenure (2007-2011);

The Standing Committee of the National Assembly promulgates the Ordinance amending and supplementing certain Articles of the Ordinance on Criminal Investigation Organization.

Article 1 Amending and supplementing certain Articles of the Ordinance on Criminal Investigation Organization:

1. Article 19 is amended and supplemented as follows:

"Article 19. Investigative powers of the Border Guard

1. When performing tasks within their jurisdiction and discovering crimes stipulated in Chapter XI and Articles 119, 120, 153, 154, 172, 180, 181, 188, 192, 193, 194, 195, 196, 230, 232, 236, 263, 264, 273, 274, and 275 of the Penal Code occurring in border areas on land, coastal areas, islands, and maritime zones under the management of the Border Guard, the persons specified in Clause 2 of this Article have the right:

a) For minor offenses in cases of immediate detection, with clear evidence and identity of the offender, to issue a decision to initiate criminal proceedings, inspect the scene, search premises, take statements, seize, temporarily detain and preserve evidence and documents directly related to the case, request forensic examination when necessary, indict suspects, conduct other investigative measures as prescribed by the Criminal Procedure Code, conclude the investigation, and transfer the case file to the competent Public Prosecutor's Office within twenty days from the date of issuing the decision to initiate criminal proceedings;

b) For serious, very serious, extremely serious offenses, or minor offenses but complicated cases, to issue a decision to initiate criminal proceedings, inspect the scene, search premises, take statements, seize, temporarily detain and preserve evidence and documents directly related to the case; if it is deemed necessary to immediately prevent the suspect from fleeing, destroying evidence, or continuing to commit the crime, to promptly bring the suspect to the police authority and request an urgent arrest warrant from the competent authority; transfer the case file to the competent investigative authority within seven days from the date of issuing the decision to initiate criminal proceedings;

c) Apply preventive measures as prescribed by the Criminal Procedure Code.

2. The Director of the Border Guard Reconnaissance Bureau has the powers specified in Clause 1 of this Article for crimes stipulated in Chapter XI and Articles 119, 120, 153, 154, 172, 180, 181, 188, 230, 232, 236, 263, 264, 273, 274, and 275 of the Penal Code.

The Director of the Border Guard Anti-Narcotics Bureau has the powers specified in Clause 1 of this Article for crimes stipulated in Articles 192, 193, 194, 195, and 196 of the Penal Code.

The Commander of the Provincial Border Guard, the Head of the Border Guard Post directly under the Central Government has the powers specified in Clause 1 of this Article for crimes stipulated in Chapter XI and Articles 119, 120, 153, 154, 172, 180, 181, 188, 192, 193, 194, 195, 196, 230, 232, 236, 263, 264, 273, 274, and 275 of the Penal Code.

3. The Director of the Border Guard Reconnaissance Bureau, the Director of the Border Guard Anti-Narcotics Bureau, the Commander of the Provincial Border Guard, the Head of the Border Guard Post shall directly organize and direct investigative activities within their jurisdiction, decide on the assignment or change of deputy in the investigation of criminal cases, inspect investigative activities, decide to amend or revoke decisions without basis and contrary to the law made by deputies, and handle complaints according to the provisions of the Criminal Procedure Code.

When the Director of the Border Guard Reconnaissance Bureau, the Director of the Border Guard Anti-Narcotics Bureau, the Commander of the Provincial Border Guard, the Head of the Border Guard Post is absent, a deputy authorized to perform the powers of the head as stipulated in this clause must be responsible to the head for the assigned tasks.

4. When assigned to investigate criminal cases, the Deputy Director of the Border Guard Reconnaissance Bureau, the Deputy Director of the Border Guard Anti-Narcotics Bureau, the Deputy Commander of the Provincial Border Guard, the Deputy Head of the Border Guard Post have the right to apply investigative measures as prescribed in Clause 1 of this Article.

5. The Directors, Deputy Directors of the Border Guard Reconnaissance Bureau, the Directors, Deputy Directors of the Border Guard Anti-Narcotics Bureau, Commanders, Deputy Commanders of the Provincial Border Guard, Heads, Deputy Heads of the Border Guard Posts must be responsible under the law for their actions and decisions."

2. Article 22 is amended and supplemented as follows:

"Article 22. Investigative powers of the Maritime Police Force

1. Units under the Maritime Police Force when performing tasks within their jurisdiction and discovering crimes stipulated 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 occurring in maritime and continental shelf areas of the Socialist Republic of Vietnam under the management of the Maritime Police Force, the persons specified in Clause 2 of this Article have the right:

a) For minor offenses in cases of immediate detection, with clear evidence and identity of the offender, to issue a decision to initiate criminal proceedings, inspect the scene, search premises, take statements, seize, temporarily detain and preserve evidence and documents directly related to the case, request forensic examination when necessary, indict suspects, conduct other investigative measures as prescribed by the Criminal Procedure Code, conclude the investigation, and transfer the case file to the competent Public Prosecutor's Office within twenty days from the date of issuing the decision to initiate criminal proceedings;

b) For serious, very serious, extremely serious offenses, or minor offenses but complicated cases, to issue a decision to initiate criminal proceedings, inspect the scene, search premises, take statements, seize, temporarily detain and preserve evidence and documents directly related to the case, transfer the case file to the competent investigative authority within seven days from the date of issuing the decision to initiate criminal proceedings;

c) Apply preventive measures as prescribed by the Criminal Procedure Code.

2. The Directors, Commanders of Regions, Commanders of Flotillas, Commanders of Squadrons, and Leaders of Maritime Police Teams have the powers specified in Clause 1 of this Article for crimes stipulated 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."

The Head of the Drug Crime Prevention Department, the Special Task Force Commander for Drug Crime Prevention has the powers stipulated in Clause 1 of this Article with respect to crimes prescribed in Articles 194, 195, and 196 of the Penal Code.

3. The Director of the Bureau, the Commander of the Region, the Head of the Drug Crime Prevention Department, the Special Task Force Commander for Drug Crime Prevention, the Squadron Commander, the Flotilla Commander, and the Team Leader of the Coast Guard shall directly organize and direct investigative activities within their authority, decide on the assignment or change of deputy in criminal case investigations, inspect investigative activities, decide to change or revoke decisions without basis and contrary to the law made by deputies, and handle complaints in accordance with the Criminal Procedure Code.

When the Director of the Bureau, the Commander of the Region, the Head of the Drug Crime Prevention Department, the Special Task Force Commander for Drug Crime Prevention, the Squadron Commander, the Flotilla Commander, and the Team Leader of the Coast Guard are absent, a deputy authorized to perform the powers of the head as provided in this clause shall be responsible to the head for the assigned tasks.

4. When assigned to investigate criminal cases, the Deputy Director of the Bureau, the Deputy Commander of the Region, the Deputy Head of the Drug Crime Prevention Department, the Deputy Special Task Force Commander for Drug Crime Prevention, the Deputy Squadron Commander, the Deputy Flotilla Commander, and the Deputy Team Leader of the Coast Guard have the power to apply the investigative measures prescribed in Clause 1 of this Article.

5. The Director of the Bureau, the Deputy Director of the Bureau, the Commander of the Region, the Deputy Commander of the Region, the Head of the Drug Crime Prevention Department, the Deputy Head of the Drug Crime Prevention Department, the Special Task Force Commander for Drug Crime Prevention, the Deputy Special Task Force Commander for Drug Crime Prevention, the Squadron Commander, the Deputy Squadron Commander, the Flotilla Commander, the Deputy Flotilla Commander, the Team Leader, and the Deputy Team Leader of the Coast Guard must be held accountable under the law for their actions and decisions.

3. Article 23 shall be amended and supplemented as follows:

Article 23. Investigative Powers of Other Agencies of the Police Force within the Ministry of Public Security Assigned to Conduct Certain Investigative Activities

1. The Highway Traffic Police Corps, the Waterway Traffic Police Corps, the Fire Prevention and Control Police Corps, the Administrative Management of Social Order Police Corps, the Protection and Judicial Assistance Police Corps, the Environmental Police Corps, the Highway Traffic Police Division, the Waterway Traffic Police Division, the Fire Prevention and Control Police Division, the Administrative Management of Social Order Police Division, the Protection and Judicial Assistance Police Division, the Environmental Police Division, the Detention Center, and the Prison, while performing their duties and discovering events indicating crimes within the jurisdiction of the Investigation Agency as prescribed in Article 11 of this Ordinance, the Directors of the Highway Traffic Police Corps, the Waterway Traffic Police Corps, the Fire Prevention and Control Police Corps, the Administrative Management of Social Order Police Corps, the Protection and Judicial Assistance Police Corps, the Environmental Police Corps, the Heads of the Highway Traffic Police Division, the Waterway Traffic Police Division, the Fire Prevention and Control Police Division, the Administrative Management of Social Order Police Division, the Protection and Judicial Assistance Police Division, the Environmental Police Division, the Warden of the Detention Center, and the Warden of the Prison shall issue a decision to initiate a criminal investigation, take statements, examine the scene, search, seize, temporarily detain, and preserve evidence and related materials directly related to the case, transfer the case file to the competent Investigation Agency within seven days from the date of issuing the decision to initiate the criminal investigation.

2. The Directors and Heads specified in Clause 1 of this Article, the Wardens of the Detention Center, and the Prison shall directly organize and direct investigative activities, decide on the assignment or change of deputy in criminal case investigations, inspect investigative activities, decide to change or revoke decisions without basis and contrary to the law made by deputies, and handle complaints in accordance with the Criminal Procedure Code. When the Directors, Heads, Wardens of the Detention Center, and Prison are absent, a deputy authorized to perform the powers of the head as provided in this clause shall be responsible to the head for the assigned tasks.

3. When assigned to investigate criminal cases, the Deputy Directors, Deputy Heads, Deputy Wardens of the Detention Center, and Deputy Wardens of the Prison have the power to apply the investigative measures prescribed in Clause 1 of this Article.

4. The Directors, Deputy Directors, Heads, Deputy Heads, Wardens, Deputy Wardens of the Detention Center, and Wardens, Deputy Wardens of the Prison must be held accountable under the law for their actions and decisions.

Article 2

1. This Ordinance takes effect from June 1, 2009.

2. The Government and the Supreme People's Procuracy shall, within the scope of their respective functions and powers, be responsible for guiding the implementation of this Ordinance./.