Circular No. 135/2017/TT-BQP on the management and preservation of evidence that is toxic substances and certain evidence requiring special preservation conditions in the Military.

CIRCULAR

Regulations on the management and preservation of evidence that are toxic substances

 and certain pieces of evidence requiring special preservation conditions in the Military

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Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 18/2002/NĐ-CP dated February 18, 2002 of the Government promulgating the Regulation on the Management of Evidence Storage Rooms; Decree No. 70/2013/NĐ-CP dated July 2, 2013 of the Government amending and supplementing some articles of the Regulation on the Management of Evidence Storage Rooms issued pursuant to Decree No. 18/2002/NĐ-CP dated February 18, 2002 of the Government;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPketing to Decree No. 18/2002/NĐ-CP dated February 18, 2002 of the Government;coholic beveragespursuant to Decree No. 18/2002/NĐ-CP dated February 18, 2002 of the Government;

The Minister of National Defense issues this Circular stipulating the reporting system, inspection work, and use of business forms for civil enforcement in the military.

The Minister of National Defense issues this Circular on the management and preservation of evidence that are toxic substances and certain pieces of evidence requiring special preservation conditions in the Military.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the management and preservation of evidence that are toxic substances and certain pieces of evidence requiring special preservation conditions, including: Harmful bacteria, viruses, parasites, blood samples, tissue samples, body parts, vaccines, and other evidence related to the medical field in the Military (hereinafter referred to collectively as evidence).

Article 2. This Circular applies to agencies and persons with authority to conduct prosecution proceedings in the Military; agencies, units, organizations, and individuals related to the work of sending, receiving, managing, and preserving evidence.

Article 2. Agencies and units assigned the task of managing and preserving evidence

Clause 1. Chemical storage rooms under the Chemical Departments of Military Regions, the Navy Command, and the Hanoi Command manage and preserve evidence that are toxic substances within the scope of Chemical Department management.

Clause 2. The Military Preventive Medicine Institute, the Military Preventive Medicine Center manage and preserve evidence that are harmful bacteria, viruses, parasites, and vaccines within the scope of Military Medical Department management.

Clause 3. The Military Forensic Medicine Institute, military hospitals in Military Region areas and Hanoi manage and preserve evidence that are blood samples, tissue samples, body parts, and other evidence related to the medical field within the scope of Military Medical Department management.

Article 3. Responsibilities of agencies and units sending, managing, and preserving evidence

Clause 1. Responsibilities of agencies and units sending evidence

Point a) Agencies and persons with authority to conduct prosecution proceedings in the Military currently handling cases or agencies and units related to sending evidence within the scope of the Ministry of National Defense's management shall be responsible for establishing evidence management files, transporting and sending the evidence to the agencies and units assigned the task of managing and preserving evidence as stipulated in Article 2 of this Circular along with relevant documents (if any);

Point b) When transferring case files, the transferring agency must notify in writing the agencies and units assigned to manage and preserve evidence;

Point c) When transporting evidence requires the use of specialized means, the agency sending the evidence shall take the lead, coordinate with relevant agencies and units and the agencies and units assigned the task of managing and preserving evidence to organize transportation ensuring safety for the evidence and the environment.

Clause 2. Responsibilities of agencies and units managing and preserving evidence

Agencies and units stipulated in Article 2 of this Circular shall be responsible for immediately receiving evidence and documents and managing and preserving evidence safely when agencies and persons with authority to conduct prosecution proceedings in the Military, and related agencies and units contact and send evidence.

Clause 3. Procedures and formalities for handing over, managing, and preserving evidence shall be carried out in accordance with the provisions of Chapter III of the Regulation on the Management of Evidence Storage Rooms issued together with Decree No. 18/2002/NĐ-CP dated February 18, 2002 of the Government.

Article 4. Funding Assurance

The costs for managing and preserving evidence are covered annually from the state budget of the agency or unit that submits the evidence.

Article 5. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from July 20, 2017.

2. The Director of the Criminal Investigation Department of the Ministry of National Defense is responsible for assisting the Minister of National Defense in implementing this Circular.

3. The Chief of General Staff, Commanders of agencies, units, organizations, and individuals related to this matter are responsible for enforcing this Circular.