Decree No. 128/2017/ND-CP on the reporting regime for criminal investigations

DECREE

Regulations on Reporting on Criminal Investigation

On the basis of The Law on Archives dated November 11, 2011;

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

Pursuant to ResolutionNo. 41/2017/QH14 dated June 20, 2017 of the National Assembly on the implementation of the Penal CodeNo. 100/2015/QH13 which has been amended and supplemented with some articles according to the LawNo. 12/2017/QH14 and its effective enforcement lof the Criminal Procedure CodeNo. 101/2015/QH13, the Law on the Organization of Criminal Investigation Agencies No. 99/2015/QH13, the Law on Temporary Detention and Pretrial Detention No.No. 94/2015/QH13;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government issues this Decree on regulations on reporting on criminal investigation.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the principles for implementing the reporting system, the contents and forms of reports; responsibilities of agencies, organizations, and individuals in implementing the reporting system on criminal investigation.

Article 2. Applicability

1. Supreme People's Procuracy, Ministry of Public Security, Ministry of Defense, Ministry of Finance, Ministry of Agriculture and Rural Development, investigative agencies, agencies assigned tasks to carry out certain investigative activities as prescribed in the Law on the Organization of Criminal Investigation Agencies.

2. Agencies, organizations, and individuals related to the implementation of the reporting system on criminal investigation.

Article 3. Principles for Implementing the Reporting System on Criminal Investigation

1. Compliance with the Penal Code, the Criminal Procedure Code, the Law on the Organization of Criminal Investigation Agencies, and the provisions of this Decree.

2. Ensuring truthfulness, objectivity, accuracy, completeness, promptness, and timeliness.

3. Performing duties, functions, and powers correctly.

4. Drafting, promulgating, managing, exploiting, and using reports on criminal investigation must be in accordance with their intended purposes and the laws on protecting state secrets and archival systems.

Article 4. Forms of Reports and Methods of Sending Reports on Criminal Investigation

1. Reporting forms

Reports must be in writing, signed by the authorized person responsible for the report, stamped according to regulations, and accompanied by an electronic data file.

2. Method of Sending Reports

Reports shall be submitted to the receiving agency through one of the following methods:

a) Sent via postal service;

b) Sent directly;

c) Sending via fax;

d) Sent through the software system managing criminal investigation databases in the form of image files (PDF format) or electronic data files with digital signatures.

Article 5. Authority to Sign Reports on Criminal Investigation

The Prosecutor General and Deputy Prosecutor General of the Supreme People's Procuracy; Ministers and Deputy Ministers of the Ministry of Public Security, Ministry of Defense, Ministry of Finance, and Ministry of Agriculture and Rural Development shall sign reports of their respective ministries and sectors on criminal investigation work according to the investigative authority prescribed in the Law on the Organization of Criminal Investigation Agencies.

Article 6. Handling Violations in Implementing the Reporting System on Criminal Investigation

Any person who fails to implement or implements incorrectly the reporting system or intentionally reports false information or discloses information contained in reports on criminal investigation within the scope of state secrets shall be subject to disciplinary action, administrative penalties, or criminal responsibility追究刑事责任，具体处理方式视违法行为的性质和程度而定。

Chapter II

REPORTING SYSTEM ON CRIMINAL INVESTIGATION

Article 7. Types of Reports on Criminal Investigation

Reports on criminal investigation include: Regular reports; case-specific reports, and thematic reports.

Article 8. Regular Reports

1. Regular reports include: quarterly, semi-annual, nine-monthly, and annual reports.

2. Contents of regular reports

a) Summary, analysis, evaluation, and forecast of the situation of various types of crimes under the jurisdiction of investigative agencies and agencies assigned tasks to carry out certain investigative activities;

b) Results of receiving and handling complaints, reports of crimes, and recommendations for prosecution;

c) Results of arrest, detention, investigation, and handling of crimes;

d) Key directions for future work.

3. Time period for data collection for regular reports

a) Quarterly report from October 1 to December 31 of the year;

b) Semi-annual report from October 1 of the previous year to March 31 of the following year;

c) Nine-monthly report from October 1 of the previous year to June 30 of the following year;

d) Annual report from October 1 of the previous year to September 30 of the following year.

4. Revision and Supplement of Reports

a) When it is necessary to revise or supplement the content or data in regular reports, the reporting agency is responsible for sending the revised and supplemented report, along with a detailed explanation of the revision and supplementation, and must have a signature and stamp;

b) It is strictly prohibited to arbitrarily erase or modify reports or statistical forms accompanying the reports.

Article 9. Reports on cases and matters

1. The reports on cases and matters prescribed in this Decree are those involving wrongful convictions or the escape of criminals; cases and matters with prolonged complaints for many years; cases and matters with sensitive and complex nature related to national security, public order, and social safety, or other cases and matters upon request of the National Assembly, the Standing Committee of the National Assembly, the President, the Government, the Prime Minister,ướthe Government, the Chairman of the National Assembly's Justice Committee.

2. Ministries and sectors specified in Clause 1, Article 2 of this Decree shall be responsible for reporting cases and matters handled by their own ministries and sectors according to the investigation authority prescribed in the Law on the Organization of Criminal Investigation Agencies and sending them to the agencies, organizations, or individuals who have requested such reports.

Article 10. Special Reports

1. Special reports are interim and final summary reports, or comprehensive evaluations and forecasts of the situation of criminal activities within the investigation authority of criminal investigation agencies and agencies assigned certain investigative tasks; results of work in receiving and handling reports of crimes and recommendations for prosecution; work in apprehending, detaining, investigating, and processing crimes in each field.

2. In case of special reports

a) According to the program and plan of work already set out;

b) When there is an emerging situation or when evaluating the implementation of a policy and it is deemed necessary to conduct interim and final specialized summaries in each specific field of crime struggle and handling;

c) Upon request of the National Assembly, the Standing Committee of the National Assembly,

3. Content of special reports

a) Basic situation and situations related to the special report;

b) Results of the work carried out according to the special report (based on the characteristics of the situation, the program and plan of work, and the guidance from superiors); evaluation of strengths, weaknesses, causes, and lessons learned in directing and implementing the work;

c) Forecast of the situation;

d) Policies and measures to continue implementation;

đ) Proposals and recommendations.

4. Recipients of special reports

Ministries and sectors specified in Clause 1, Article 2 of this Decree shall prepare special reports to send to the National Assembly, the Standing Committee of the National Assembly, the President, the Government, the Prime Minister,concerning the classification and determination of state management authority in the field of crop productionthe Government, the Chairman of the National Assembly's Justice Committee, and simultaneously send to the Ministry of Public Security to assist the Government in monitoring and managing criminal investigation work.

Article 11. Confidentiality

1. Reports on criminal investigations must be classified, determined, and stamped with the appropriate level of confidentiality as prescribed and only sent to recipients approved by competent authorities.

2. Exchanges of information and work on criminal investigations between ministries and sectors specified in Clause 1, Article 2 of this Decree must comply with the confidentiality regulations stipulated by law.

3. Sending reports through methods prescribed in Clause 2, Article 4 must comply with the laws on protecting state secrets.

4. Strictly prohibit disclosing information, exchanging, or providing information contained in reports on criminal investigations to agencies, organizations, or individuals not responsible for such matters.

Chapter III

RESPONSIBILITIES OF MINISTRIES AND SECTORS IN IMPLEMENTING THE REPORTING REGIME

Article 12. Responsibilities of the Ministry of Public Security in building, managing, exploiting, and using reports on criminal investigations

1. The Ministry of Public Security is responsible before the Government for building, managing, exploiting, and using reports on criminal investigations, with the following tasks and powers:

a) Directing the organization of report construction; updating information and being responsible for the accuracy and completeness of all information and data; taking the lead and coordinating with relevant ministries and sectors in building, managing, exploiting, and using software for managing criminal investigation databases;

b) Studying and summarizing reports from the Supreme People's Procuracy, the Ministry of Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development to build reports and compile statistics nationwide. Regularly sending reports on criminal investigations to the National Assembly, the Standing Committee of the National Assembly, the President, the Government, and the Prime Minister about criminal investigations nationwide before February 15 for quarterly reports; before May 15 for six-monthly reports; before August 15 for nine-monthly reports, and before November 15 for annual reports;

c) Guiding, urging, and inspecting ministries at the ministerial level, agencies equivalent to ministries, and government agencies in implementing the reporting regime on criminal investigations;

d) Taking the lead and coordinating with relevant ministries and sectors in drafting outlines and statistical forms for criminal investigation reports;

e) Performing other tasks assigned by the Government.

2. The Criminal Investigation Police Department of the Ministry of Public Security shall be responsible for leading and coordinating with related agencies and units to assist the Minister of Public Security in carrying out the tasks and powers prescribed in Clause 1 of this Article.

Article 13. Responsibilities of the Ministry of National Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development in building reports on criminal investigations

1. Within their respective functions and tasks, the Ministry of National Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development shall have the following responsibilities and authorities:

a) Directing the organization of report construction; updating information and being responsible for the accuracy and completeness of all information and data;

b) Building reports on criminal investigations within the scope of their national management authority over investigation agencies and agencies assigned to conduct certain investigative activities, and submitting them to the Government (through the Ministry of Public Security) before January 15 for quarterly reports; before April 15 for semi-annual reports; before July 15 for nine-month reports; and before October 15 for annual reports;

c) Performing other tasks assigned by the Government.

2. Assign units with primary responsibility to coordinate with relevant agencies and units to assist the Minister in implementing the responsibilities and authorities stipulated in Clause 1 of this Article.

Article 14. Responsibilities of the Supreme People's Procuracy in Implementing the Reporting System on Criminal Investigations

Request that the Supreme People's Procuracy, within its tasks and authorities:

1. Direct the organization of report construction; update information and be responsible for the accuracy and completeness of all information and data;

2. Build reports and statistics on criminal investigations as prescribed in Clause 6, Article 67 of the Law on the Organization of Criminal Investigation Agencies. Regularly submit reports on criminal investigations to the Government (through the Ministry of Public Security) before January 15 for quarterly reports; before April 15 for semi-annual reports; before July 15 for nine-month reports; and before October 15 for annual reports.

3. Assign units with primary responsibility to coordinate with relevant agencies and units to assist the Procurator General in implementing the responsibilities and authorities stipulated in Clauses 1 and 2 of this Article.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Decree takes effect from January 1, 2018.

Article 16. Responsibility for Implementation

1. The Supreme People's Procuracy, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development shall organize the implementation and guide, inspect, and urge the enforcement of this Decree within their respective functions, tasks, and authorities.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related agencies are responsible for enforcing this Decree./.