Circular No. 12/2004/TT-BCA guides the implementation of certain provisions of the Criminal Investigation Organization Ordinance 2004 within the People's Public Security.

 

CIRCULAR

Guidelines for Implementing Certain Provisions of the Criminal Investigation Organization Ordinance 2004 within the People's Public Security Forces.

On August 20, 2004, the Standing Committee of the National Assembly adopted the Criminal Investigation Organization Ordinance 2004. The issuance of this Ordinance has reformed the organization and operation of criminal investigation agencies and other agencies tasked with conducting certain investigative activities within the People's Public Security Forces, meeting the urgent requirements of criminal investigation work, contributing to strengthening socialist rule of law, enhancing the effectiveness of crime prevention and suppression efforts, and ensuring citizens' freedom and democracy.

To implement uniformly throughout the entire People's Public Security Force from October 1, 2004, the Ministry of Public Security provides guidelines for implementing certain provisions of the Criminal Investigation Organization Ordinance 2004 related to the investigative procedural duties and powers of criminal investigation agencies and other agencies tasked with conducting certain investigative activities within the People's Public Security Forces as follows:

I. ON THE TASKS AND POWERS OF CRIMINAL INVESTIGATION AGENCIES WITHIN THE PEOPLE'S PUBLIC SECURITY FORCES

1.1. Regarding the tasks and powers of criminal investigation agencies

a) Tasks and powers of the Criminal Investigation Police Agency under the Ministry of Public Security

The Criminal Investigation Police Agency under the Ministry of Public Security shall have the following tasks and powers:

- Conducting investigations into serious and complex criminal cases within the jurisdiction of the Criminal Investigation Police Agencies at provincial levels but which require direct investigation by the agency, applying all measures provided for in the Criminal Procedure Code to determine crimes and those who committed them, preparing files, and recommending prosecution; identifying the causes and conditions of criminal acts and requesting relevant agencies and organizations to apply preventive measures;

- Assisting the Minister of Public Security in implementing, inspecting, guiding, and directing investigative business and law enforcement in criminal investigation and handling activities of Criminal Investigation Police Agencies at provincial and district levels nationwide; guiding other units of the People's Public Security Forces tasked with conducting certain investigative activities to exercise their investigative powers according to the provisions of the Criminal Procedure Code and the Criminal Investigation Organization Ordinance 2004;

- Studying and summarizing the situation of criminal offenses and criminal investigation and handling activities within the jurisdiction of the Criminal Investigation Police Agencies in the People's Public Security Forces; carrying out criminal statistics as prescribed by law;

- Organizing the review and summary of criminal investigation and handling activities within the jurisdiction of the Criminal Investigation Police Agencies in the People's Public Security Forces;

- Managing detention centers under the Criminal Investigation Police Agency of the Ministry of Public Security; guiding, directing, and inspecting temporary detention and pre-trial detention activities at detention centers and temporary holding facilities under provincial and district-level public security agencies according to the law.

Specific tasks and powers of units within the Criminal Investigation Police Agency under the Ministry of Public Security

- Tasks and powers of the Criminal Investigation Police Bureau for Social Order Crimes:

+ Conducting investigations into serious and complex criminal cases within the jurisdiction of the Criminal Investigation Police Agencies at provincial levels as stipulated in Chapters XII, XIII, XIV, XV, XIX, XX, and XXII of the Penal Code (hereinafter referred to as social order crimes) but which require direct investigation;

+ Summarizing and concluding on the investigation and handling of social order crimes.

- Tasks and powers of the Criminal Investigation Police Bureau for Economic Management and Official Crimes:

+ Conducting investigations into serious and complex criminal cases within the jurisdiction of the Criminal Investigation Police Agencies at provincial levels as stipulated in Chapters XVI, XVII, and XXI of the Penal Code (hereinafter referred to as economic management and official crimes) but which require direct investigation;

+ Summarizing and concluding on the investigation and handling of economic management and official crimes.

- Tasks and powers of the Criminal Investigation Police Bureau for Drug Crimes:

+ Conducting investigations into serious and complex criminal cases within the jurisdiction of the Criminal Investigation Police Agencies at provincial levels as stipulated in Chapter XVIII of the Penal Code but which require direct investigation;

+ Summarizing and concluding on the investigation and handling of drug crimes.

- Tasks and powers of the Office of the Criminal Investigation Police Agency under the Ministry of Public Security:

The Office of the Criminal Investigation Police Agency under the Ministry of Public Security shall have the following tasks and powers:

+ Handling criminal shifts, receiving reports and accusations of criminal offenses, classifying and immediately transferring them to competent units for resolution;

+ Managing the seal of the Criminal Investigation Police Agency under the Ministry of Public Security;

+ Inspecting and guiding the implementation of laws in criminal investigation and handling activities according to the assignment of the Head of the Criminal Investigation Police Agency under the Ministry of Public Security;

+ Assisting the Head of the Criminal Investigation Police Agency under the Ministry of Public Security in investigating some cases within the jurisdiction of the Criminal Investigation Police Agency when the Head of the Criminal Investigation Police Agency under the Ministry of Public Security deems it necessary;

+ Assisting the Head of the Criminal Investigation Police Agency under the Ministry of Public Security in reviewing case files of some cases investigated by the Bureaus before transferring them to the People's Procuratorate;

+ Assisting the Head of the Criminal Investigation Police Agency under the Ministry of Public Security in resolving complaints about decisions and investigative actions or accusations of violations of the law by investigators or deputy heads of the Criminal Investigation Police Agency under the Ministry of Public Security according to the provisions of the Criminal Procedure Code;

+ Summarizing and monitoring fugitive apprehension activities generally;

+ Concluding and summarizing criminal investigation activities and performing other tasks within the scope of administrative management of the Criminal Investigation Police Agency under the Ministry of Public Security; carrying out criminal statistics as prescribed by law;

+ Managing detention centers under the Criminal Investigation Police Agency under the Ministry of Public Security; guiding and directing temporary detention and pre-trial detention activities at detention centers and temporary holding facilities under provincial and district-level public security agencies according to the law.

b) Tasks and powers of the Criminal Investigation Police Agency at the provincial level

The Provincial Police Investigation Agency has the following tasks and powers:

- Conduct investigations into criminal cases involving crimes defined from Chapter XII to Chapter XXII of the Criminal Code when such crimes fall within the jurisdiction of the provincial People's Court (excluding crimes under the jurisdiction of the Investigation Agency of the Supreme People's Procuratorate and the Security Investigation Agency within the Public Security Force) or crimes under the jurisdiction of the County-level Police Investigation Agency but deemed necessary for direct investigation, applying all measures prescribed by the Criminal Procedure Code to determine the crime and the person who committed the criminal act, preparing files, and requesting prosecution; identifying the causes and conditions of the crime and requiring relevant agencies and organizations to apply preventive and remedial measures;

- Assist the Director of the Provincial Public Security Department in inspecting, guiding, and directing investigative operations of county-level Police Investigation Agencies; guiding other agencies of the People's Police Force at the provincial level assigned to conduct certain investigative activities to exercise their investigative powers according to the provisions of the Criminal Procedure Code, the Ordinance on Investigative Organization, and the Ministry of Public Security;

- Study and compile information on criminal activities and investigative work dealing with social order offenses, economic management and official position offenses, drug-related offenses, and implement criminal statistics work in the province as prescribed by law;

- Organize research, mid-term reviews, and final summaries of investigative work and handling of social order offenses, economic management and official position offenses, and drug-related offenses in the province;

- Inspect and guide temporary detention and pre-trial detention work at provincial and county-level Detention Centers and Temporary Detention Houses according to the law and regulations of the Ministry of Public Security;

Specific tasks and powers of units within the Provincial Police Investigation Agency

- Tasks and powers of the Social Order Crimes Investigation Division:

+ Conduct investigations into criminal cases involving crimes defined in Chapters XII, XIII, XIV, XV, XIX, XX, and XXII of the Criminal Code when such crimes fall within the jurisdiction of the provincial People's Court (excluding crimes under the jurisdiction of the Investigation Agency of the Supreme People's Procuratorate and the Security Investigation Agency within the Public Security Force) or crimes under the jurisdiction of the County-level Police Investigation Agency but deemed necessary for direct investigation;

+ Mid-term reviews and final summaries of investigative work and handling of social order offenses in the province;

- Tasks and powers of the Economic Management and Official Position Crimes Investigation Division:

+ Conduct investigations into criminal cases involving crimes defined in Chapters XVI, XVII, and XXI of the Criminal Code when such crimes fall within the jurisdiction of the provincial People's Court (excluding crimes under the jurisdiction of the Security Investigation Agency within the Public Security Force) or crimes under the jurisdiction of the County-level Police Investigation Agency but deemed necessary for direct investigation;

+ Mid-term reviews and final summaries of investigative work and handling of economic management and official position offenses in the province;

- Tasks and powers of the Drug Crimes Investigation Division:

+ Conduct investigations into criminal cases involving crimes defined in Chapter XVIII of the Criminal Code when such crimes fall within the jurisdiction of the provincial People's Court or crimes under the jurisdiction of the County-level Police Investigation Agency but deemed necessary for direct investigation;

+ Mid-term reviews and final summaries of investigative work and handling of drug-related offenses in the province;

- Tasks and powers of the Office of the Provincial Police Investigation Agency:

The Office of the Provincial Police Investigation Agency has the following tasks and powers:

+ Handling criminal duty shifts, receiving reports and accusations of crimes, classifying them, and immediately transferring them to competent units for resolution;

+ Managing the seal of the Provincial Police Investigation Agency;

+ Inspecting and guiding the implementation of laws in investigative activities according to the assignment of the Head of the Provincial Police Investigation Agency;

+ Assisting the Head of the Provincial Police Investigation Agency in conducting investigations into some cases within their jurisdiction when the Head deems it necessary;

+ Assisting the Head of the Provincial Police Investigation Agency in reviewing case files of some cases investigated by the divisions before transferring them to the People's Procuratorate;

+ Assisting the Head of the Provincial Police Investigation Agency in resolving complaints about decisions or procedural acts, or accusations against violations of the law by investigators or Deputy Heads of the Provincial Police Investigation Agency according to the Criminal Procedure Code;

+ Compiling and monitoring general work on fugitive apprehension in the province;

+ Summarizing and mid-term reviews of criminal investigative work and performing other tasks within the scope of state administration of the Provincial Police Investigation Agency; implementing criminal statistical work as prescribed by law;

+ Inspecting and guiding temporary detention and pre-trial detention work at provincial and county-level Detention Centers and Temporary Detention Houses according to the law and regulations of the Ministry of Public Security;

c) Tasks and powers of the County-level Police Investigation Agency

The County-level Police Investigation Agency has the following tasks and powers:

- Conduct investigations into criminal cases involving crimes defined in Chapters XII to XXII of the Criminal Code when such crimes fall within the jurisdiction of the county-level People's Court, excluding crimes under the jurisdiction of the Investigation Agency of the Supreme People's Procuratorate and the Security Investigation Agency within the Public Security Force, applying all measures prescribed by the Criminal Procedure Code to determine the crime and the person who committed the criminal act, preparing files, and requesting prosecution; identifying the causes and conditions of the crime and requiring relevant agencies and organizations to apply preventive and remedial measures;

- Study, compile information on criminal activities and the investigation and handling of crimes related to social order, economic management, official duties, and drug-related offenses; implement crime statistics work at the district level in accordance with the law.

- Organize mid-term and final reviews of the investigation and handling of crimes related to social order, economic management, official duties, and drug-related offenses within the district.

- Inspect and guide the temporary detention and pretrial detention work of the Detention House under the Public Security Police at the district level in accordance with the law and regulations of the Ministry of Public Security.

Specific tasks and powers of units within the Criminal Investigation Department of the Public Security Police at the district level.

- Tasks and powers of the Social Order Crime Investigation Team:

+ Conduct investigations into criminal cases involving crimes stipulated in Chapters XII, XIII, XIV, XV, XIX, XX, and XXII of the Penal Code when such crimes fall within the jurisdiction of the People's Court at the district level, except for crimes falling under the jurisdiction of the Investigation Agency of the Supreme Procuratorate and the Security Investigation Agency within the Public Security Police.

+ Mid-term and final reviews of the investigation and handling of crimes related to social order within the district.

- Tasks and powers of the Economic and Official Duties Crime Investigation Team:

+ Conduct investigations into criminal cases involving crimes stipulated in Chapters XVI, XVII, and XXI of the Penal Code when such crimes fall within the jurisdiction of the People's Court at the district level, except for crimes falling under the jurisdiction of the Security Investigation Agency within the Public Security Police.

+ Mid-term and final reviews of the investigation and handling of crimes related to economic management and official duties within the district.

- Tasks and powers of the Drug Crime Investigation Team:

+ Conduct investigations into criminal cases involving crimes stipulated in Chapter XVIII of the Penal Code when such crimes fall within the jurisdiction of the People's Court at the district level;

+ Mid-term and final reviews of the investigation and handling of drug-related crimes within the district.

- Tasks and powers of the Combined Investigation Team of the Criminal Investigation Department of the Public Security Police at the district level:

+ Handling criminal shifts, receiving reports and accusations of criminal offenses, classifying and immediately transferring them to competent units for resolution;

+ Manage the seal of the Criminal Investigation Department of the Public Security Police at the district level;

+ Assist the Head of the Criminal Investigation Department of the Public Security Police at the district level in reviewing case files of certain cases investigated by the investigation teams before transferring them to the People's Procuracy;

+ Assist the Head of the Criminal Investigation Department of the Public Security Police at the district level in resolving complaints about decisions, investigative actions, or accusations regarding violations of the law by investigators or Deputy Heads of the Criminal Investigation Department of the Public Security Police at the district level in accordance with the Criminal Procedure Code;

+ Summarize mid-term and final reviews of criminal investigations and perform other tasks within the scope of administrative management of the Criminal Investigation Department of the Public Security Police at the district level; implement criminal statistics work in accordance with the law;

+ Consolidate and monitor general work on fugitive apprehension within the district;

+ Inspect and guide the temporary detention and pretrial detention work of the Detention House under the Public Security Police at the district level in accordance with the law and regulations of the Ministry of Public Security.

d) Resolve disputes over investigation jurisdiction among units within the Criminal Investigation Department.

When there is a dispute over investigation jurisdiction among units within the Criminal Investigation Department of the Ministry of Public Security, the Head of the Criminal Investigation Department of the Ministry of Public Security shall decide; when there is a dispute over investigation jurisdiction among units within the Criminal Investigation Department of the Public Security Police at the provincial level, the Head of the Criminal Investigation Department of the Public Security Police at the provincial level shall decide; when there is a dispute over investigation jurisdiction among units within the Criminal Investigation Department of the Public Security Police at the district level, the Head of the Criminal Investigation Department of the Public Security Police at the district level shall decide.

1.2. On the tasks and powers of the Security Investigation Agencies.

1.2.1. Tasks and powers of the Security Investigation Agency of the Ministry of Public Security in investigating crimes.

The Security Investigation Agency of the Ministry of Public Security has the following tasks and powers:

- Conduct investigations into criminal cases involving serious and complex crimes under the jurisdiction of the Security Investigation Agency of the Public Security Police at the provincial level as stipulated in Article 12 of the Law on Organization of Criminal Investigation Procedures 2004, applying all measures provided for by the Criminal Procedure Code to determine the crime and the person who committed the criminal act, prepare files, and propose prosecution; identify the causes and conditions of the crime and request relevant agencies and organizations to apply measures to remedy and prevent it;

- Assist the Minister of Public Security in inspecting, guiding, and directing investigative operations of the Security Investigation Agencies at the provincial level; guide other agencies of the People's Security Force assigned to conduct certain investigative activities to exercise their investigative powers in accordance with the Criminal Procedure Code and the Law on Organization of Criminal Investigation Procedures;

- Study and compile information on criminal activities and the investigation and handling of crimes stipulated in Chapter XI, Chapter XXIV, and crimes stipulated in Articles 180, 181, 221, 222, 223, 230, 231, 232, 236, 263, 264, 274, and 275 of the Penal Code; implement crime statistics work in accordance with the law;

- Organize mid-term and final reviews of the investigation and handling of crimes stipulated in Chapter XI, Chapter XXIV, and crimes stipulated in Articles 180, 181, 221, 222, 223, 230, 231, 232, 236, 263, 264, 274, and 275 of the Penal Code;

- Manage detention centers under the Security Investigation Agency of the Ministry of Public Security.

1.2.2. Tasks and powers of the Security Investigation Agency of the Public Security Police at the provincial level in investigating crimes.

The Security Investigation Agency of the Public Security Police at the provincial level has the following tasks and powers:

- Conduct investigations into criminal cases involving crimes stipulated in Chapter XI, Chapter XXIV, and crimes stipulated in Articles 180, 181, 221, 222, 223, 230, 231, 232, 236, 263, 264, 274, and 275 of the Criminal Code when such crimes fall within the jurisdiction of the People's Court at the provincial level, apply all measures provided for in the Criminal Procedure Code to determine the crime and the person who committed the criminal act, prepare case files, and propose prosecution; identify the causes and conditions of the crime and request relevant agencies and organizations to take remedial and preventive measures.

- Assist the Provincial Public Security Director in guiding other agencies of the People's Security Force under the Provincial Public Security assigned tasks to conduct certain investigative activities to exercise their investigative powers as prescribed by the Criminal Procedure Code, the Ordinance on Investigative Organization, and the Ministry of Public Security;

- Study and compile information on criminal activities and investigative work in handling crimes stipulated in Chapter XI, Chapter XXIV, and crimes stipulated in Articles 180, 181, 221, 222, 223, 230, 231, 232, 236, 263, 264, 274, and 275 of the Criminal Code; implement crime statistics work according to the law on the provincial level;

- Organize research, interim reviews, and summaries of investigative work and handling of crimes stipulated in Chapter XI, Chapter XXIV, and crimes stipulated in Articles 180, 181, 221, 222, 223, 230, 231, 232, 236, 263, 264, 274, and 275 of the Criminal Code on the provincial level.

II. ON THE TASKS AND POWERS OF INVESTIGATION OF OTHER AGENCIES WITHIN THE PEOPLE'S SECURITY FORCE ASSIGNED TO CONDUCT CERTAIN INVESTIGATIVE ACTIVITIES

2.1. Tasks and powers of investigation of other agencies of the People's Police Force assigned to conduct certain investigative activities.

According to the Ordinance on Investigative Organization and Resolution No. 727/2004/NQ-UBTVQH11 dated August 20, 2004 of the Standing Committee of the National Assembly, from October 1, 2004, the Highway Police Corps, Waterway Police Corps, Fire Prevention and Control Police Corps, Administrative Management Police Corps, Judicial Protection and Support Police Corps, Highway Police Departments, Waterway Police Departments, Fire Prevention and Control Police Departments, Administrative Management Police Departments, Judicial Protection and Support Police Departments, temporary detention centers, and prisons are other agencies of the People's Police Force assigned to conduct certain investigative activities. These units have the following tasks and powers of investigation:

a) The Highway Police Corps and Highway Police Departments, while performing their duties, if they discover incidents with signs of crimes stipulated in Articles 202, 203, 204, 205, 206, 207, 208, 209, 210, and 211 of the Criminal Code, the Chief of the Highway Police Corps and the Head of the Highway Police Department shall issue a decision to initiate a criminal case, take statements, inspect the scene, search, seize, temporarily detain, and preserve evidence and materials directly related to the case, transfer the case file to the competent Investigative Agency (as prescribed in Article 11 of the Ordinance on Investigative Organization) within seven days from the date of issuing the decision to initiate the criminal case.

b) The Waterway Police Corps and Waterway Police Departments, while performing their duties, if they discover incidents with signs of crimes stipulated in Articles 212, 213, 214, and 215 of the Criminal Code, the Chief of the Waterway Police Corps and the Head of the Waterway Police Department shall issue a decision to initiate a criminal case, take statements, inspect the scene, search, seize, temporarily detain, and preserve evidence and materials directly related to the case, transfer the case file to the competent Investigative Agency within seven days from the date of issuing the decision to initiate the criminal case.

c) The Fire Prevention and Control Police Corps and Fire Prevention and Control Police Departments, while performing their duties, if they discover incidents with signs of crimes stipulated in Articles 232, 234, 238, 239, and 240 of the Criminal Code, the Chief of the Fire Prevention and Control Police Corps and the Head of the Fire Prevention and Control Police Department shall issue a decision to initiate a criminal case, take statements, inspect the scene, search, seize, temporarily detain, and preserve evidence and materials directly related to the case, transfer the case file to the competent Investigative Agency (as prescribed in Article 11 of the Ordinance on Investigative Organization) within seven days from the date of issuing the decision to initiate the criminal case.

d) The Administrative Management Police Corps and Administrative Management Police Departments, while performing their duties, if they discover incidents with signs of crimes stipulated in Articles 230, 232, 233, 234, 240, 245, 257, 266, 267, 268, and 273 of the Criminal Code, the Chief of the Administrative Management Police Corps and the Head of the Administrative Management Police Department shall issue a decision to initiate a criminal case, take statements, inspect the scene, search, seize, temporarily detain, and preserve evidence and materials directly related to the case, transfer the case file to the competent Investigative Agency (as prescribed in Article 11 of the Ordinance on Investigative Organization) within seven days from the date of issuing the decision to initiate the criminal case.

đ) The Judicial Protection and Support Police Corps and Judicial Protection and Support Police Departments, while performing their duties, if they discover incidents with signs of crimes stipulated in Articles 245, 257, 305, 306, 311, and 312 of the Criminal Code, the Chief of the Judicial Protection and Support Police Corps and the Head of the Judicial Protection and Support Police Department shall issue a decision to initiate a criminal case, take statements, inspect the scene, search, seize, temporarily detain, and preserve evidence and materials directly related to the case, transfer the case file to the competent Investigative Agency (as prescribed in Article 11 of the Ordinance on Investigative Organization) within seven days from the date of issuing the decision to initiate the criminal case.

e) Prisons and Detention Centers, while performing their duties, if they discover that detainees or prisoners who are being detained, held temporarily, or serving a prison sentence commit criminal acts within the jurisdiction of the Criminal Investigation Agency as stipulated in Article 11 of the Criminal Investigation Organization Ordinance, shall issue a decision to initiate a criminal investigation, take statements, examine the crime scene, search, seize, temporarily detain, and preserve evidence and materials directly related to the case, and transfer the case file to the competent Criminal Investigation Agency (as provided for in Article 11 of the Criminal Investigation Organization Ordinance) within seven days from the date of issuing the decision to initiate the criminal investigation. In cases where a prisoner serving a prison sentence at a prison escapes, the Prison Director shall issue a warrant for arrest.

g) The Criminal Investigation Organization Ordinance of 2004 assigns the authority to conduct criminal investigative activities to the heads of other agencies of the People's Public Security Force assigned to carry out certain investigative activities (Directors of Departments, Heads of Divisions, Directors of Detention Centers, Prison Directors). In the absence of the head, a deputy authorized to exercise the powers of the head and must be responsible to the head for the tasks assigned. When assigned to investigate a criminal case, the deputy has the right to apply investigative measures as the head does.

To effectively implement criminal investigation activities according to the above provisions, the Ministry reminds other agencies of the People's Public Security Force assigned to carry out certain investigative activities that when discovering actions with signs of criminal offenses requiring preventive measures or when incidents occur near the investigative agency, they must immediately report to the competent investigative agency for consideration and decision on initiating the investigation.

2.2. Tasks and investigative powers of other agencies of the People's Security Force assigned to carry out certain investigative activities

a) According to the Criminal Investigation Organization Ordinance, the organization of other agencies of the People's Security Force assigned to carry out certain investigative activities remains unchanged as currently practiced, including security departments and security divisions at provincial public security offices directly combating crimes specified in Article 12 of the Criminal Investigation Organization Ordinance.

b) Regarding the tasks and investigative powers of other agencies of the People's Security Force assigned to carry out certain investigative activities, the Criminal Investigation Organization Ordinance has specifically provided in Clause 1 of Article 24. Security departments at the Ministry and security divisions at provincial public security offices directly combating crimes specified in Article 12 of the Criminal Investigation Organization Ordinance need to thoroughly study and strictly implement.

2.3. On the handling of reports of criminal offenses or information about criminal offenses by other agencies in the People's Public Security Force assigned to carry out certain investigative activities

The handling of reports of criminal offenses or information about criminal offenses by other agencies in the People's Public Security Force assigned to carry out certain investigative activities is implemented according to the provisions of Article 101 of the Criminal Procedure Code of 2003, specifically as follows: when receiving reports of criminal offenses or information about criminal offenses (including self-discovered signs of criminal offenses), other agencies in the People's Public Security Force assigned to carry out certain investigative activities have the responsibility to immediately report in writing to the relevant investigative agency along with related documents. In cases where the report of a criminal offense or information about a criminal offense falls within the jurisdiction of verification, indictment, and investigation of their own agency, there is no need to send related documents along with it.

III. REGARDING THE APPOINTMENT OF HEADS AND DEPUTY HEADS OF INVESTIGATIVE AGENCIES AND INVESTIGATORS; REGARDING THE SEAL OF INVESTIGATIVE AGENCIES

3.1. On the appointment of Heads and Deputy Heads of Investigative Agencies and Investigators

Police officers who were appointed as Heads, Deputy Heads of Investigative Agencies, or Investigators before October 1, 2004, and are still within the establishment of the Investigative Agency continue to perform their assigned tasks until the Ministry issues new guidelines on the appointment of Heads and Deputy Heads of Investigative Agencies and Investigators according to the Criminal Investigation Organization Ordinance of 2004.

3.2. On the seal of Investigative Agencies

To distinguish between criminal proceedings activities and other administrative activities of Investigative Agencies, the Ministry stipulates:

a) The Criminal Investigation Agency and the Security Investigation Agency of the Ministry of Public Security shall have separate seals for use in criminal proceedings activities named: Ministry of Public Security - Criminal Investigation Agency or Security Investigation Agency.

b) The Criminal Investigation Agency and the Security Investigation Agency of provincial public security offices shall have separate seals for use in criminal proceedings activities named: Provincial Public Security Office or City Public Security Office (name of managing unit) - Criminal Investigation Agency or Security Investigation Agency.

c) The Criminal Investigation Agency of county-level public security offices shall have separate seals for use in criminal proceedings activities named: County Public Security Office or District Public Security Office or Town Public Security Office or City Public Security Office under Province (name of managing unit) - Criminal Investigation Agency.

d) Since previously, the Investigative Agency of county-level public security offices did not have a separate seal for use in criminal proceedings activities, a new seal shall be made for the Investigative Agency of county-level public security offices to use in criminal proceedings activities. The seal of the Investigative Agency of county-level public security offices is circular, with a diameter of 32 mm, the outer edge at the top bearing the name of the County Public Security Office or District Public Security Office or Town Public Security Office or City Public Security Office under Province (managing unit), at the bottom bearing the name of the unit using the seal (Investigative Agency) with two small stars at the beginning and end of the managing unit's name, and in the center of the seal is the Public Security Emblem.

For the seals of the Investigation Department of the Ministry of Public Security, the Security Investigation Department of the Ministry of Public Security, the Investigation Departments of provincial public security forces that have been revised according to Decision No. 262/BNV(V19) dated May 27, 1993 of the Minister of Interior (now the Ministry of Public Security), they remain appropriate and therefore do not need to be changed. The Investigation Department of the Ministry of Public Security, the Security Investigation Department of the Ministry of Public Security, and the Investigation Departments of provincial public security forces continue to use these seals in criminal proceedings.

IV. IMPLEMENTATION

Investigating crimes is a difficult and complex task requiring a well-structured, scientific, and reasonable organizational system. Each investigative body, after being assigned tasks and authorities, will have the opportunity to specialize in their own investigative measures according to the type of crime, enhance close, synchronized, and effective cooperation between investigative reconnaissance and criminal procedural investigation, prevent the escape of criminals and wrongful conviction of innocent people, and avoid violations of citizens' democratic freedoms.

The Steering Committee for the Implementation of the Ordinance on Criminal Investigation Organization in 2004 of the Ministry of Public Security is responsible for assisting the Minister in organizing, monitoring, urging, and inspecting the implementation of this Circular by public security units and localities.

This Circular takes effect fifteen days after its publication in the Official Gazette. Previous regulations contrary to this Circular are abolished. During the implementation of this Circular, if there are any difficulties or obstacles, public security units and localities should report them to the Ministry (through V11) for timely guidance.