Decree No. 131 on the organization of police judicial system

DECREE

REGARDING THE ORGANIZATION OF THE PUBLIC SECURITY JUDICIAL SYSTEM OF THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM NUMBER 131 ON JULY 20, 1946

PRESIDENT OF THE VIETNAM DEMOCRATIC REPUBLICIC GOVERNMENT

Pursuant to Decree No. 13 dated January 24, 1946 organizing the Courts and the rank of Judge;

Pursuant to Decree No. 51 dated April 17, 1946 determining the jurisdiction of the Courts and the division of labor among court staff;

Pursuant to Decree No. 23 dated February 21, 1946 establishing the Public Security Department;

After consulting with the Standing Committee of the National Assembly and after the Government Council agreed,

ISSUES THE DECREE:

Article 1

The organization of the public security judicial system is hereby established as follows:

Article 2

The public security judicial system has the duty to track all violations of law (serious, minor, or petty offenses), collect evidence, and hand over violators to the Courts for trial within the scope of the law.

Article 3

The public security judicial system consists of judicial public security officers and public security judicial commissioners.

Judicial public security officers include Preliminary Judges, Prosecutors, and Deputy Prosecutors.

Public security judicial commissioners are:

a) From the Court side: Primary Court Judges

b) From the Public Security side: Heads and Deputy Heads of Political Affairs and Legal Affairs Departments: Political Section Chiefs and Legal Section Chiefs, as well as District Chiefs of Public Security in Hanoi, Hai Phong, Hue, Saigon-Cholon; County Chiefs of Public Security in provinces designated by the Minister of Interior Affairs where there is heavy workload, a Section Chief in the County Public Security Office will replace the County Chief of Public Security.

c) Inspectors of Forestry, Fire Services, Commerce, and all other officials assigned by law to perform public security judicial duties specific to their respective fields.

Article 4

In rural areas, the village judicial section must execute orders from Judges according to Article 3, Clause 3 of Decree No. 13 dated January 24, 1946, and may search private residences according to Article 6 of the aforementioned Decree.

Article 5

All judicial public security officers and public security judicial commissioners are directly under the supervision of the Chief Prosecutor of the High Court in terms of judicial public security matters.

Within the jurisdiction of a province, public security judicial commissioners are directly under the supervision of the Prosecutor or the Judge-in-Charge in provinces without a Prosecutor.

The Prosecutor has the authority to issue directives and supervise the work of all public security judicial commissioners.

Article 6

Judicial public security officers and public security judicial commissioners can only investigate within their own jurisdictions. If they wish to investigate outside their jurisdiction, they must submit a request for authorization.

If a mobile public security judicial commissioner or someone delegated by a mobile public security judicial commissioner conducts an investigation, they must send a copy of the search warrant and seized items to the provincial Prosecutor within 24 hours after completing the investigation.

Those delegated to conduct investigations on the Public Security side must be at least at the level of Ward Chiefs or Squad Leaders.

ARTICLE 7

Searches outside cases of immediate criminal activity must be conducted between 6 AM and 6 PM. If a search begins before 6 PM, it may continue until completion.

In establishments open to the public, such as cafes, coffee shops, gambling houses, etc., searches may be conducted after customers or employees have left.

Additionally, entry into private residences at night is permitted in the following special circumstances: fire, flood, or cries for help from inside the house.

Article 8

A search record will be valid if:

a) A Preliminary Judge accompanies the investigator; a Prosecutor or Deputy Prosecutor accompanies a member of the prosecution staff.

b) A public security judicial commissioner accompanies two citizens. These individuals should preferably be chosen from relatives of the person whose residence is being searched or neighbors.

c) Ward Chiefs or higher-level personnel must accompany a member of the ward or city council committee and two citizens chosen from relatives of the person whose residence is being searched or neighbors.

d) For sectors like Forestry, Commerce, etc., public security judicial commissioners follow the current regulations specific to each sector.

e) Village judicial sections conducting searches must consist of three people as stipulated in Article 2 of Decree No. 13 dated January 24, 1946.

Article 9

After searching, whether items are seized or not, a record must be made.

This record must detail what items were seized, how they were sealed, and who received them.

The homeowner must sign the record; if absent, a relative may sign on their behalf. If the homeowner or relative refuses to sign, does not know how to sign, or cannot sign, this must be noted in the record.

Article 10

All complaints and reports, after the record is completed, must be sent to the Prosecutor. Only the Prosecutor has the authority to temporarily suspend a case or bring a criminal matter to court.

Preliminary Judges have the authority to accept civil claims from victims regarding minor and serious offenses; Primary Court Judges have the authority to accept civil claims from victims regarding petty offenses.

Article 11

Before taking office, public security judicial commissioners must take an oath before the Court.

Article 12

To fulfill their duties, judicial public security officers and public security judicial commissioners have the right to requisition military forces in situations and procedures prescribed by law.

Article 13

Appointments, promotions, and administrative punishments for public security judicial commissioners who are not Judges shall be carried out after consulting with the Prosecutor and the Chief Prosecutor.

Article 14

Any regulations contrary to this Decree shall be abolished.

Article 15

The Ministers of the Ministry of Interior and the Ministry of Justice shall be entrusted with the implementation of this Decree.