Circular No. 11/2025/TT-BCA stipulates on the organization, structure, tasks, and powers of the Investigation Agency; assigns the heads and deputy heads of the Investigation Agency; and sets forth the criminal investigation authority within the People's Public Security.

CIRCULAR

activities of calibration, verification, testing organization, structure, tasks, and powers of the Investigation Agency; assignment of Heads and Deputy Heads of the Investigation Agency; criminal investigation authority within the People's Public Security

Pursuant toResolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the organizational structure of state agencies State;

Pursuant to the Law on the People's Public Security 2018 (amended and supplemented in 2023, 2025);

Pursuant to Decree No. 02/2025/NĐ-CP dated February 18, 2025 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Department of Legal Affairs and Administrative Reform and Justice;

The Minister of Public Security promulgates this Circular stipulating the organization, structure, tasks, and powers of the Investigation Agency; assignment of Heads and Deputy Heads of the Investigation Agency; criminal investigation authority within the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the organization, structure, tasks, and powers of the Investigation Agency; assignment of Heads and Deputy Heads of the Investigation Agency; criminal investigation authority of the Investigation Agency within the People's Public Security; tasks and powers of criminal investigation of units under the Investigation Agency at all levels and agencies assigned to conduct some investigative activities of the People's Public Security.

Article 2. Applicability

1. The Investigation Agency, agencies assigned to conduct some investigative activities of the People's Public Security.

2. Heads, Deputy Heads, Investigators, Investigative Officers of the Investigation Agency of the People's Public Security; heads, deputy heads, investigative officers of agencies assigned to conduct some investigative activities of the People's Public Security.

3. Units directly under the Ministry of Public Security, Provincial Public Security, Municipal Public Security (hereinafter referred to collectively as Provincial Public Security), Public Security Ward, Town, Township (hereinafter referred to collectively as Ward-level Public Security), Police Posts.

4. Agencies, organizations, and individuals related.

2. Industrial emission testing must ensure timeliness, accuracy, objectivity, compliance with procedures, and adherence to legal provisions.

1. Activities of the Investigation Agency, agencies assigned to conduct some investigative activities of the People's Public Security shall be carried out in accordance with the provisions of this Circular and other legal regulations issued before the effective date of this Circular, provided that they do not conflict with the provisions of this Circular, ensuring efficiency, effectiveness, and clarity in division of responsibilities; timely, swift, objective, and comprehensive investigations.

2. In cases where simplified procedures can be applied according to Chapter XXXI of the Criminal Procedure Code 2015 (amended and supplemented in 2021), the Criminal Police Investigation Agency must follow the simplified procedures without prolonging the case resolution time.

Chapter II

ORGANIZATION, STRUCTURE, AUTHORITY, TASKS, AND POWERS OF THE INVESTIGATION AGENCY; TASKS AND POWERS OF AGENCIES ASSIGNED TO CONDUCT SOME INVESTIGATIVE ACTIVITIES OF THE PEOPLE'S PUBLIC SECURITY

Section 1

CRIMINAL POLICE INVESTIGATION AGENCY OF THE MINISTRY OF PUBLIC SECURITY

Article 4. Organization, structure, authority, tasks, and powers; assignment of Heads and Deputy Heads

1. The organization and structure of the Criminal Police Investigation Agency of the Ministry of Public Security include:

a) Office of the Criminal Police Investigation Agency;

b) Economic Investigation Police Bureau (shortened as Economic Investigation Bureau);

c) Corruption, Economy, Smuggling Investigation Police Bureau (shortened as Economic Investigation Bureau);

d) Drug Crime Investigation Police Bureau.

2. Assignment of Heads and Deputy Heads of the Criminal Police Investigation Agency of the Ministry of Public Security:

a) One Deputy Minister of Public Security responsible for crime prevention and suppression work is the Head of the Criminal Police Investigation Agency of the Ministry of Public Security; one Deputy Minister of Public Security is the Deputy Head of the Criminal Police Investigation Agency of the Ministry of Public Security as assigned by the Minister of Public Security;

b) Director of the Office of the Criminal Police Investigation Agency of the Ministry of Public Security is the Acting Deputy Head of the Criminal Police Investigation Agency of the Ministry of Public Security;

c) Director of the Economic Investigation Bureau, one Deputy Director of the Office of the Criminal Police Investigation Agency of the Ministry of Public Security, Director and one Deputy Director of the Economic Investigation Bureau, Director and one Deputy Director of the Drug Crime Investigation Bureau are Deputy Heads of the Criminal Police Investigation Agency of the Ministry of Public Security.

3. The Criminal Police Investigation Agency of the Ministry of Public Security shall perform its authority, tasks, and powers in accordance with the laws on the organization of criminal investigation agencies and criminal procedure.

Article 5. Tasks and Authorities of the Office of the Criminal Investigation Agency under the Ministry of Public Security

1. Organize the criminal duty shift work of the Criminal Investigation Agency under the Ministry of Public Security; receive information about crimes, case files, and criminal cases transferred from other agencies to classify, report, and propose the Head of the Criminal Investigation Agency under the Ministry of Public Security to assign for resolution or transfer to competent authorities for resolution.

2. Implement reporting systems on criminal investigation work as prescribed by law; assist the Head of the Criminal Investigation Agency under the Ministry of Public Security in statistics and reporting on criminal investigation work.

3. Conduct the resolution of information about crimes and the investigation of criminal cases where individuals or commercial legal entities have committed criminal acts (hereinafter referred to collectively as the perpetrator) within the jurisdiction of the Criminal Investigation Agency under the Ministry of Public Security as stipulated in Chapters XIV, XV, XVI, XVII, XXI, XXII, and XXIV of the Penal Code 2015 (amended and supplemented in 2017) (except cases within the jurisdiction of the Economic Police Department).

4. Investigate serious criminal cases within the jurisdiction of the Criminal Investigation Agency as ordered by the Supreme People's Court's Judicial Council to re-investigate, according to the assignment of the Head of the Criminal Investigation Agency under the Ministry of Public Security.

5. Monitor, guide, and direct the resolution of criminal cases requested for opinion by the Office of the Criminal Investigation Agency of the Provincial Public Security.

6. Take the lead and coordinate with relevant units to appraise criminal cases as assigned by the Head of the Criminal Investigation Agency under the Ministry of Public Security.

7. Advise and assist the Head of the Criminal Investigation Agency under the Ministry of Public Security:

a) To perform tasks and exercise powers as prescribed in Clause 1, Article 52 of the Law on the Organization of Criminal Investigation Agencies 2015;

b) To guide and direct investigative procedures and inspect compliance with laws and investigative procedures in the work of receiving and resolving information about crimes and criminal investigation and prosecution work of the Criminal Investigation Agency of the Provincial Public Security;

c) To guide and direct investigative procedures for agencies tasked with conducting certain investigative activities of the People's Police Force; to guide and direct investigative procedures and inspect compliance with laws in the performance of tasks of receiving, classifying, and handling reports and information about crimes of Village Police Stations and Police Posts;

d) To organize mid-term and final reviews of the work of receiving and resolving information about crimes and the work of detaining, arresting, temporarily holding, temporarily imprisoning, investigating, and prosecuting crimes of Criminal Investigation Agencies at all levels in the Public Security Forces;

đ) To resolve complaints about decisions, procedural actions, or conclusions regarding accusations of violations of the law by Deputy Heads, Investigators, and Investigative Officers under the Criminal Investigation Agency under the Ministry of Public Security, in accordance with criminal procedure law regulations.

8. Monitor, propose, and directly implement judicial assistance and extradition requests concerning cases within the functions and responsibilities of the Criminal Investigation Agency under the Ministry of Public Security; coordinate with relevant units under the Criminal Investigation Agency under the Ministry of Public Security to implement international cooperation in criminal proceedings.

9. Manage the seal of the Criminal Investigation Agency under the Ministry of Public Security.

10. Perform other tasks and exercise other powers assigned by the Head of the Criminal Investigation Agency under the Ministry of Public Security.

Article 6. Tasks and Authorities of the Criminal Police Bureau

1. Organize criminal duty shifts (in cases where it is not located at the same premises as the Office of the Investigation Agency under the Ministry of Public Security); receive information about crimes, case files, and criminal cases transferred from other agencies to classify, report, and propose the Head of the Investigation Agency under the Ministry of Public Security to assign for resolution or transfer to competent authorities for resolution.

2. Implement the reporting system to the Head of the Investigation Agency under the Ministry of Public Security (through the Office of the Investigation Agency under the Ministry of Public Security) on criminal investigation work in accordance with the provisions of the law.

3. Conduct the resolution of information about crimes and criminal investigations within the jurisdiction of the Investigation Agency under the Ministry of Public Security regarding crimes stipulated in Chapters XIV, XV, XVI, XVII, XXI, XXII, and XXIV of the 2015 Penal Code (amended and supplemented in 2017), except for cases within the jurisdiction of the Office of the Investigation Agency under the Ministry of Public Security and the Economic Crime Investigation Bureau.

4. Conduct criminal investigations of particularly serious criminal cases within the jurisdiction of the Investigation Agency assigned by the Head of the Investigation Agency under the Ministry of Public Security when such cases are revoked for re-investigation by the Supreme People's Court President Council.

5. Monitor, guide, and direct the resolution of special cases and criminal cases requested for opinions by the Provincial Public Security Service's Criminal Police Department.

6. Perform other tasks and authorities assigned by the Head of the Investigation Agency under the Ministry of Public Security.

Article 7. Tasks and Authorities of the Economic Crime Investigation Bureau

1. Organize criminal duty shifts (in cases where it is not located at the same premises as the Office of the Investigation Agency under the Ministry of Public Security); receive information about crimes, case files, and criminal cases transferred from other agencies to classify, report, and propose the Head of the Investigation Agency under the Ministry of Public Security to assign for resolution or transfer to competent authorities for resolution.

2. Implement the reporting system to the Head of the Investigation Agency under the Ministry of Public Security (through the Office of the Investigation Agency under the Ministry of Public Security) on criminal investigation work in accordance with the provisions of the law.

3. Conduct the resolution of information about crimes and criminal investigations within the jurisdiction of the Investigation Agency under the Ministry of Public Security regarding crimes stipulated in Chapter XVIII, Chapter XIX, Chapter XXIII, Articles 174 to 180 of Chapter XVI (in cases where the subject takes advantage of the legal status of an agency, organization, or enterprise to sign economic contracts to commit crimes), and Article 324 of Chapter XXI of the 2015 Penal Code (amended and supplemented in 2017).

4. Conduct criminal investigations of particularly serious criminal cases within the jurisdiction of the Investigation Agency assigned by the Head of the Investigation Agency under the Ministry of Public Security when such cases are revoked for re-investigation by the Supreme People's Court President Council.

5. Monitor, guide, and direct the resolution of special cases and criminal cases requested for opinions by the Provincial Public Security Service's Economic Crime Investigation Department.

6. Perform other tasks and authorities assigned by the Head of the Investigation Agency under the Ministry of Public Security.

Article 8. Tasks and Authorities of the Drug Crime Investigation Bureau

1. Organize criminal duty shifts (in cases where it is not located at the same premises as the Office of the Investigation Agency under the Ministry of Public Security); receive information about crimes, case files, and criminal cases transferred from other agencies to classify, report, and propose the Head of the Investigation Agency under the Ministry of Public Security to assign for resolution or transfer to competent authorities for resolution.

2. Implement the reporting system to the Head of the Investigation Agency under the Ministry of Public Security (through the Office of the Investigation Agency under the Ministry of Public Security) on criminal investigation work in accordance with the provisions of the law.

3. Conduct the resolution of information about crimes and criminal investigations within the jurisdiction of the Investigation Agency under the Ministry of Public Security regarding crimes stipulated in Chapter XX of the 2015 Penal Code (amended and supplemented in 2017).

4. Conduct criminal investigations of particularly serious criminal cases within the jurisdiction of the Investigation Agency assigned by the Head of the Investigation Agency under the Ministry of Public Security when such cases are revoked for re-investigation by the Supreme People's Court President Council.

5. Monitor, guide, and direct the resolution of special cases and criminal cases requested for opinions by the Provincial Public Security Service's Drug Crime Investigation Department.

6. Perform other tasks and authorities assigned by the Head of the Investigation Agency under the Ministry of Public Security.

Section 2

PROVINCIAL PUBLIC SECURITY INVESTIGATION AGENCY

Article 9. Organization, Structure, Jurisdiction, Tasks, and Authorities; Assignment of Heads and Deputy Heads

1. The organization and structure of the Provincial Public Security Investigation Agency includes:

a) Office of the Criminal Police Investigation Agency;

b) The Social Order Crime Investigation Department (referred to as the Criminal Police Department);

c) The Corruption, Economic, Smuggling, and Environmental Crime Investigation Department (referred to as the Economic Crime Investigation Department);

d) The Drug Crime Investigation Department.

2. Assignment of Heads and Deputy Heads of the Provincial Public Security Investigation Agency:

a) One Deputy Director responsible for crime prevention and suppression work is the Head of the Provincial Public Security Investigation Agency;

b) The Chief of the Office of the Provincial Public Security Investigation Agency is the Acting Deputy Head of the Provincial Public Security Investigation Agency;

c) One Deputy Chief of the Office, the Head, and one Deputy Head of the Criminal Police Department, the Head of the Economic Crime Investigation Department, and the Head of the Drug Crime Investigation Department are Deputy Heads of the Provincial Public Security Investigation Agency.

Depending on the practical situation in the locality, to ensure the operation of the Provincial Public Security Investigation Agency, additional Deputy Heads of the Provincial Public Security Investigation Agency may be arranged if necessary. The Provincial Public Security Service shall report to the Head of the Investigation Agency under the Ministry of Public Security (through the Office of the Investigation Agency under the Ministry of Public Security) for consideration and decision on the number of additional Deputy Heads of the Provincial Public Security Investigation Agency; the appointment of Deputy Heads of the Provincial Public Security Investigation Agency shall be carried out in accordance with the provisions of the law.

3. Tasks and Authorities of the Provincial Public Security Investigation Agency

a) Organize criminal duty shifts, receive information about crimes; classify and resolve information about crimes within its jurisdiction or immediately transfer them to competent authorities for resolution;

b) Conduct criminal investigations of crimes stipulated in Chapters XIV to XXIV of the 2015 Penal Code (amended and supplemented in 2017) when those crimes fall within the jurisdiction of the provincial and district-level People's Courts, except for crimes within the jurisdiction of the Investigation Agency of the Supreme People's Procuratorate and the National Security Investigation Agency of the Public Security Force;

c) Guide agencies assigned to perform certain investigative activities of the Public Security Police force at the provincial level to carry out investigative activities; guide and direct investigative business operations, inspect compliance with the law in performing the task of receiving, classifying, and handling reports and information about crimes of the public security police stations and police posts;

d) Perform other tasks and authorities as prescribed by the law on criminal investigation organization and criminal procedure.

Article 10. Tasks and Authorities of the Office of the Provincial Police Investigation Agency

1. Organizing the criminal duty roster of the Provincial Police Investigation Agency; receiving information about crimes, case files, and criminal cases transferred from other agencies for classification and resolution within its jurisdiction or transfer to competent agencies for resolution. In cases where there is a dispute over jurisdiction among units under the Provincial Police Investigation Agency, report to the Head of the Provincial Police Investigation Agency for decision on assignment of resolution.

2. Implementing the reporting system on criminal investigation work as prescribed by law; assisting the Head of the Provincial Police Investigation Agency in reporting to the Head of the Ministry of Public Security's Police Investigation Agency (through the Ministry of Public Security's Police Investigation Agency Office) on criminal investigation work.

3. Managing, guiding, and directing general investigative procedures for Investigators and Investigative Officers assigned by the Provincial Police Investigation Agency to the District Police; guiding and directing specific investigative procedures for cases and criminal cases involving offenses as stipulated in Clause 4 of this Article when Investigators and Investigative Officers of the Provincial Police Investigation Agency assigned to the District Police are tasked with handling and resolving them.

4. Proceeding to resolve information about crimes and investigate criminal cases where the perpetrator has been identified within the jurisdiction of the Provincial Police Investigation Agency concerning offenses as provided in Chapters XIV, XV, XVI, XVII, XXI, XXII, and XXIV of the Criminal Code 2015 (amended and supplemented in 2017) (excluding cases within the jurisdiction of the Economic Crime Police Department and the Criminal Police Department).

5. Advising and assisting the Head of the Provincial Police Investigation Agency:

a) To perform tasks and exercise powers as prescribed in Clause 1, Article 52 of the Law on the Organization of Criminal Investigation Agencies 2015;

b) Guiding and directing investigative procedures for agencies tasked with conducting certain investigative activities of the People's Police force under the Provincial Police; guiding and directing investigative and compliance monitoring procedures in the performance of tasks related to receiving, classifying, and processing reports and information about crimes of the District Police and Police Posts;

c) Organizing mid-term and final reviews of the work of receiving, classifying, and resolving information about crimes and the work of detaining, arresting, temporarily holding, temporarily imprisoning, investigating, and punishing crimes of the Provincial Police Investigation Agency;

d) Resolving complaints about decisions, procedural acts, or conclusions regarding accusations of violations of the law by Deputy Heads, Investigators, and Investigative Officers under the Provincial Police Investigation Agency according to the provisions of criminal procedure law.

6. Reviewing criminal cases within the jurisdiction of the Provincial Police Investigation Agency as assigned by the Head of the Provincial Police Investigation Agency.

7. Directly implementing judicial assistance requests and extradition in cases falling within the functions and responsibilities of the Provincial Police Investigation Agency.

8. Managing the seal of the Provincial Police Investigation Agency.

9. Performing other tasks and authorities as assigned by the Head of the Provincial Police Investigation Agency.

Article 11. Tasks and Authorities of the Criminal Police Department

1. Organize criminal police duty shifts (in cases where it does not share the same premises with the Office of the Investigation Agency of the Provincial Public Security Department); receive information on crimes, case files, and criminal cases transferred from other agencies to classify and handle according to their jurisdiction or transfer them to competent agencies for handling. In cases of disputes over jurisdiction among units under the Investigation Agency of the Provincial Public Security Department, report to the Head of the Investigation Agency of the Provincial Public Security Department to decide on the assignment of the unit to handle the case.

2. Implement the reporting system to the Head of the Investigation Agency of the Provincial Public Security Department (through the Office of the Investigation Agency of the Provincial Public Security Department) regarding criminal investigation work in accordance with the provisions of the law.

3. Conduct the handling of information on crimes and criminal investigations within the jurisdiction of the Investigation Agency of the Provincial Public Security Department concerning crimes stipulated in Chapters XIV, XV, XVI, XVII, XXI, XXII, and XXIV of the Penal Code 2015 (amended and supplemented in 2017) (excluding those within the jurisdiction of the Office of the Investigation Agency of the Provincial Public Security Department and the Economic Police Department) in the following cases:

a) The perpetrator of the criminal act is unclear;

b) The perpetrator of the criminal act is clear due to direct discovery;

c) The perpetrator of the criminal act is clear in serious criminal cases. Serious criminal cases include information and criminal cases involving crimes stipulated in Articles 123, 125, 126, particularly serious crimes stipulated in Articles 134, 141, 142, 143, 144, 168, 169, 170, and 171 of the Penal Code 2015 (amended and supplemented in 2017); information on crimes and criminal cases that meet the conditions: having gang or organized group characteristics (or committing crimes in an organized manner), using military weapons to commit criminal acts.

4. Guide and direct investigative procedures for specific cases involving crimes stipulated in Clause 3 of this Article when investigators or investigation officers of the Investigation Agency of the Provincial Public Security Department assigned to handle and resolve cases at the district-level public security agency.

5. Perform other tasks and authorities as assigned by the Head of the Investigation Agency of the Provincial Public Security Department.

Article 12. Tasks and Authorities of the Economic Police Department

1. Organize criminal police duty shifts (in cases where it does not share the same premises with the Office of the Investigation Agency of the Provincial Public Security Department); receive information on crimes, case files, and criminal cases transferred from other agencies to classify and handle according to their jurisdiction or transfer them to competent agencies for handling. In cases of disputes over jurisdiction among units under the Investigation Agency of the Provincial Public Security Department, report to the Head of the Investigation Agency of the Provincial Public Security Department to decide on the assignment of the unit to handle the case.

2. Implement the reporting system to the Head of the Investigation Agency of the Provincial Public Security Department (through the Office of the Investigation Agency of the Provincial Public Security Department) regarding criminal investigation work in accordance with the provisions of the law.

3. Conduct the handling of information on crimes and criminal investigations within the jurisdiction of the Investigation Agency of the Provincial Public Security Department concerning crimes stipulated in Chapters XVIII, XIX, XXIII, Articles 174 to 180 of Chapter XVI (in cases where the perpetrator takes advantage of the legal status of an organization, institution, or enterprise to sign economic contracts to commit crimes) and Article 324 of Chapter XXI of the Penal Code 2015 (amended and supplemented in 2017).

4. Guide and direct investigative procedures for specific cases involving crimes stipulated in Clause 3 of this Article when investigators or investigation officers of the Investigation Agency of the Provincial Public Security Department assigned to handle and resolve cases at the district-level public security agency.

5. Perform other tasks and authorities as assigned by the Head of the Investigation Agency of the Provincial Public Security Department.

Article 13. Duties and Authorities of the Narcotics Crime Investigation Division

1. Organize criminal duty shifts (in cases where it is not located at the same premises as the Office of the Criminal Investigation Agency of the Provincial Police); receive information on crimes, case files, and criminal cases transferred from agencies outside the Criminal Investigation Agency of the Provincial Police for classification and resolution within its jurisdiction or transfer to competent agencies for resolution. In cases of disputes over jurisdiction among units under the Criminal Investigation Agency of the Provincial Police, report to the Head of the Criminal Investigation Agency of the Provincial Police for decision on assignment of units to resolve.

2. Implement the reporting system to the Head of the Investigation Agency of the Provincial Public Security Department (through the Office of the Investigation Agency of the Provincial Public Security Department) regarding criminal investigation work in accordance with the provisions of the law.

3. Conduct investigation of crime information and criminal cases within the jurisdiction of the Criminal Investigation Agency of the Provincial Police regarding crimes stipulated in Chapter XX of the 2015 Criminal Code (amended in 2017).

4. Guide and direct investigative procedures for specific cases involving crimes stipulated in Clause 3 of this Article when investigators or investigation officers of the Investigation Agency of the Provincial Public Security Department assigned to handle and resolve cases at the district-level public security agency.

5. Perform other tasks and authorities as assigned by the Head of the Investigation Agency of the Provincial Public Security Department.

Article 14. Delegation and Assignment of Tasks to Deputy Heads of the Criminal Investigation Agency of the Provincial Police

1. Based on task requirements, the Head of the Criminal Investigation Agency of the Provincial Police may:

a) Delegate to the Deputy Head who is the Director of the Office and Heads of the Rooms specified in Clause 1 of Article 9 of this Circular to perform the duties and authorities of the Head as prescribed by criminal procedure laws. When delegated, the Deputy Head who is the Director of the Office and Heads of the Rooms may assign the Deputy Head who is the Deputy Director of the Office and Deputy Heads of the Rooms under their authority to handle and resolve crime information, initiate and investigate serious, very serious, and less serious criminal cases within their jurisdiction and other authorities as prescribed by the 2015 Criminal Procedure Code (amended in 2021);

b) Delegate to the Deputy Head who is the Deputy Director of the Office and Deputy Heads of the Rooms specified in Clause 1 of Article 9 of this Circular to perform the duties and authorities of the Head as prescribed by criminal procedure laws regarding serious, very serious, and less serious crimes handled by task forces in the area. When delegated, these Deputy Heads who are the Deputy Directors of the Office and Deputy Heads of the Rooms have the duties and authorities to organize, direct, and assign Investigators and Investigative Officers under their authority to handle and resolve crime information, initiate and investigate criminal cases, except for the authority prescribed in point b, Clause 1 of Article 36 of the 2015 Criminal Procedure Code (amended in 2021);

c) When delegated, the Deputy Head shall be responsible before the Head and the law for the tasks delegated.

2. The Head of the Criminal Investigation Agency of the Provincial Police may delegate to the Deputy Head of the Criminal Investigation Agency of the Provincial Police to perform the duties and authorities of the Head of the Criminal Investigation Agency of the Provincial Police in handling complaints and reports against decisions and procedural acts of the Deputy Head of the Criminal Investigation Agency of the Provincial Police, Investigators, and Investigative Officers under their authority. The Head shall not delegate to the Deputy Head to handle complaints and reports concerning decisions and procedural acts in cases and criminal cases that the Deputy Head handles and resolves.

Section 3

ASSIGNMENT OF HEADS AND DEPUTY HEADS OF THE INVESTIGATION SECURITY AGENCIES AT ALL LEVELS

Article 15. Assignment of Heads and Deputy Heads of the Investigation Security Agency under the Ministry of Public Security

1. One Vice Minister of Public Security in charge of the Security Force shall be the Head of the Investigation Security Agency under the Ministry of Public Security.

2. The Director of the Investigation Security Department shall be the Acting Deputy Head of the Investigation Security Agency under the Ministry of Public Security.

3. The Deputy Directors of the Investigation Security Department shall be Deputy Heads of the Investigation Security Agency under the Ministry of Public Security.

Article 16. Assignment of Heads and Deputy Heads of the Investigation Security Agency under Provincial Public Security Departments

1. One Deputy Director of a Provincial Public Security Department in charge of the Security Force shall be the Head of the Investigation Security Agency under the Provincial Public Security Department.

2. The Head of the Investigation Security Division of a Provincial Public Security Department shall be the Acting Deputy Head of the Investigation Security Agency under the Provincial Public Security Department.

3. The Deputy Heads of the Investigation Security Division of a Provincial Public Security Department shall be Deputy Heads of the Investigation Security Agency under the Provincial Public Security Department.

Article 17. Conducting Criminal Investigations on Other Crimes Related to National Security or for Ensuring Objectivity as Assigned by the Minister of Public Security

For criminal cases involving other crimes related to national security or for ensuring objectivity as assigned by the Minister of Public Security pursuant to Clause 2, Article 17 of the Law on the Organization of Criminal Investigation Agencies 2015 (amended and supplemented in 2017), the Director of the Provincial Public Security Department shall report to the Minister of Public Security (through the Investigation Security Department) to decide on assigning the Investigation Security Agency under the Provincial Public Security Department to conduct investigations.

Section 4

TASKS AND POWERS OF THE AGENCY ASSIGNED TO PERFORM CERTAIN INVESTIGATIVE ACTIVITIES

Article 18. Investigative Tasks and Powers of the Traffic Police Corps and Provincial Traffic Police Divisions

1. When performing its duties and discovering incidents with signs of crimes stipulated in Articles from Article 260 to Article 276 and Article 281, Section 1, Chapter XXI of the Penal Code 2015 (amended and supplemented in 2017) or incidents occurring on inland waterways with signs of crimes within the jurisdiction of the Criminal Police Agency, the Director of the Traffic Police Corps shall perform the tasks and powers prescribed in Article 38 of the Law on the Organization of Criminal Investigation Agencies 2015 regarding these crimes.

2. When performing its duties and discovering incidents with signs of crimes stipulated in Articles from Article 260 to Article 276 and Article 281, Section 1, Chapter XXI of the Penal Code 2015 (amended and supplemented in 2017) or incidents occurring on inland waterways with signs of crimes within the jurisdiction of the Criminal Police Agency, the Head of the Provincial Traffic Police Division shall perform the tasks and powers prescribed in Article 38 of the Law on the Organization of Criminal Investigation Agencies 2015 regarding these crimes.

Article 19. Tasks and Powers of the Fire Prevention, Firefighting, and Rescue Police Corps and Provincial Fire Prevention, Firefighting, and Rescue Police Divisions

When performing their duties and discovering incidents with signs of crimes stipulated in Articles 305, 307, 311, 312, and 313 of the Penal Code 2015 (amended and supplemented in 2017), the Director of the Fire Prevention, Firefighting, and Rescue Police Corps and the Head of the Provincial Fire Prevention, Firefighting, and Rescue Police Division shall perform the tasks and powers prescribed in Article 38 of the Law on the Organization of Criminal Investigation Agencies 2015 regarding these crimes.

Article 20. Tasks and Authorities of the Environmental Crime Prevention and Suppression Police Department

When performing their tasks and discovering events with signs of crimes stipulated in Chapter XIX and Articles 193, 194, 195, 227, 228, 229, 232, 233, 234, 315, and 317 of the Criminal Code 2015 (amended and supplemented in 2017), the Director of the Environmental Crime Prevention and Suppression Police Department shall perform the tasks and authorities prescribed in Article 38 of the Law on Organization of Investigative Organs 2015 for these crimes.

Article 21. Tasks and Authorities of the Cybersecurity and High-Tech Crime Prevention and Suppression Bureau; Provincial Public Security Agency's Cybersecurity and High-Tech Crime Prevention and Suppression Departments

When performing their tasks and discovering events with signs of crimes stipulated in Chapter XIII, Chapter XXVI, Section 2 of Chapter XXI, and crimes stipulated in Articles 207, 208, 282, 283, 284, 299, 300, 303, 304, 305, 309, 337, 338; 174, 206, 217a, 225, 321, 326, and 328 (where the criminal acts are related to the use of the Internet, computer networks, telecommunications networks, electronic devices) of the Criminal Code 2015 (amended and supplemented in 2017), the Director of the Cybersecurity and High-Tech Crime Prevention and Suppression Bureau and the Head of the Provincial Public Security Agency's Cybersecurity and High-Tech Crime Prevention and Suppression Departments shall perform the tasks and authorities prescribed in Articles 37 and 38 of the Law on Organization of Investigative Organs 2015 for these crimes.

Article 22. Tasks and Authorities of the Exit and Entry Management Department, Provincial Public Security Agency's Exit and Entry Management Departments, and Other Security Service Bureaus at the Ministry, Other Security Service Departments under Provincial Public Security Agencies, and Prisons under the Ministry of Public Security

1. When performing their tasks and discovering events with signs of crimes stipulated in Articles from 347 to 350 of the Criminal Code 2015 (amended and supplemented in 2017), the Director of the Exit and Entry Management Department and the Head of the Provincial Public Security Agency's Exit and Entry Management Departments shall perform the tasks and authorities prescribed in Article 37 of the Law on Organization of Investigative Organs 2015 for these crimes.

2. Other security service bureaus under the Ministry of Public Security and other security service departments under provincial public security agencies directly combating and preventing crimes (excluding the organs and units specified in Clause 1 of this Article and Article 21 of this Circular) when performing their tasks and discovering events with signs of crimes stipulated in Chapter XIII, Chapter XXVI, and crimes stipulated in Articles 207, 208, 282, 283, 284, 299, 300, 303, 304, 305, 309, and 337 of the Criminal Code 2015 (amended and supplemented in 2017), the Directors and Heads of these departments shall perform the tasks and authorities prescribed in Article 37 of the Law on Organization of Investigative Organs 2015 for these crimes.

3. When performing their tasks and discovering crimes related to detention management or discovering persons serving custodial sentences committing crimes within the jurisdiction of the Criminal Investigation Police Department, the Warden of the Prison shall perform the tasks and authorities prescribed in Article 38 of the Law on Organization of Investigative Organs 2015 for these crimes.

Chapter III

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Circular takes effect from March 1, 2025, and replaces Circular No. 56/2017/TT-BCA dated November 16, 2017, issued by the Minister of Public Security on the division of responsibilities among heads and deputy heads of investigative organs, the authority to investigate criminal cases within the People's Public Security and investigation teams under the Criminal Investigation Police Department of county-level public security agencies, and Circular No. 26/2018/TT-BCA dated August 10, 2018, issued by the Minister of Public Security amending and supplementing some articles of Circular No. 56/2017/TT-BCA.

Article 24. Transitional Provisions

1. The County-level Criminal Investigation Police Department shall proactively review, compile statistics, consolidate, finalize lists of case files, cases, evidence, and assets currently being handled, managed, resolved, and transferred to the Provincial Criminal Investigation Police Department when not organizing a county-level public security agency to continue conducting criminal proceedings as prescribed by law, this Circular, and notify in writing the County-level People's Procuratorate.

2. For cases temporarily suspended by the County-level Criminal Investigation Police Department, when there is basis to resume them, the Provincial Criminal Investigation Police Department with the authority to decide shall resume and proceed with criminal proceedings according to the provisions of the law.

Article 25. Implementation organization

1. The Investigation Bureau of the Ministry of Public Security and the Office of the Ministry of Public Security's Criminal Investigation Department shall be responsible for coordinating with relevant units to monitor, inspect, and guide the implementation of this Circular.

2. The heads of units under the Ministry and the Directors of provincial public security agencies shall be responsible for organizing the implementation of this Circular. In the process of implementing this Circular, if there are difficulties, local public security agencies shall promptly report to the Ministry (through the Investigation Bureau of the Ministry of Public Security, the Office of the Ministry of Public Security's Criminal Investigation Department, and the Legal System and Administrative Reform Department of the Ministry of Public Security) for guidance.