Circular No. 119/2021/TT-BCA on forms, documents, and registers for criminal investigation

CIRCULAR

Regulations on forms, documents, and ledgers for criminal investigation

Pursuant to the Criminal Procedure Code dated November 27, 2015;

Pursuant to the Law on the Organization of Criminal Investigation Agencies dated November 26, 2015;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

After reaching consensus with the Supreme People's Procuracy, the Ministry of National Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development;

At the proposal of the Director of the Investigation Department under the Ministry of Public Security;

The Minister of Public Security issues this Circular to regulate forms, documents, and ledgers for criminal investigation.

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates forms, documents, and ledgers used in criminal investigation activities by investigative agencies and agencies assigned tasks to conduct certain investigative activities; preliminary verification and examination activities of crimes reported by the police station, commune police, town police, and border post in accordance with the Criminal Procedure Code and the Law on Organization of Investigative Agencies in Criminal Matters.

2. This Circular applies to agencies and persons authorized to conduct criminal proceedings, police stations, commune police, town police, border posts, and other relevant agencies, organizations, and individuals involved in criminal investigation activities; preliminary verification and examination activities of crimes reported in accordance with the Criminal Procedure Code and the Law on Organization of Investigative Agencies in Criminal Matters.

Article 2. Forms, documents, and ledgers used in criminal investigation activities

This Circular promulgates 299 forms, documents, and ledgers used in criminal investigation activities and preliminary verification and examination activities of crimes reported (with attached list).

Article 3. Principles for using and managing forms in criminal investigation activities

1. Only use forms in criminal investigation activities and preliminary verification and examination activities of crimes reported. Forms must be used and managed according to their intended purpose for criminal investigation activities and preliminary verification and examination activities of crimes reported.

2. Information recorded in each form must be objective, accurate, and complete in accordance with the provisions of the law.

Article 4. Effective date

1. This Circular takes effect from January 22, 2022, and replaces Circular No. 61/2017/TT-BCA dated December 14, 2017, issued by the Minister of Public Security regulating forms, documents, and ledgers for criminal investigation.

2. Criminal investigation forms used by agencies authorized to conduct criminal proceedings within the Public Security Force, the People's Army, Customs, Forest Rangers, and Fisheries before January 22, 2022, shall remain valid for criminal investigation, prosecution, and trial of criminal cases until the case is resolved.

Article 5. Responsibilities for Implementation

1. Heads of investigative agencies at all levels, heads of agencies assigned tasks to conduct certain investigative activities under the Criminal Procedure Code and the Law on Organization of Investigative Agencies in Criminal Matters, Directors of provincial and centrally-administered city public security departments are responsible for implementing this Circular.

2. During implementation, if there are any difficulties, please discuss with the Supreme People's Procuracy, the Ministry of National Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development to reach a unified guidance; require subordinate units of the Ministry of Public Security and provincial and centrally-administered city public security departments to report to the Ministry of Public Security (through the Office of the Criminal Investigation Department of the Ministry of Public Security) for timely guidance.