Decree No. 142/2024/NĐ-CP on the management of evidence storage and documents, items.

This Decree on the Management of Evidence Storage and Documents, Items is issued to replace previous decrees and provides detailed regulations on the acceptance, entry, exit, and preservation of evidence, documents, and items in storage. This Decree takes effect from January 1, 2025.

Số hiệu142/2024/NĐ-CP
Loại văn bảnDecree
Cơ quan ban hànhMinistry of Public Security
Người kýPhạm Minh Chính — Thủ tướng Chính phủ
Cập nhật15/06/2026
Lĩnh vựcUncategorized
Ngày ban hành30/10/2024
Ngày áp dụng01/01/2025
Ngày hết hiệu lực
Tình trạngIn effect
✦ Tóm lược thông minh

This Decree on the Management of Evidence Storage and Documents, Items is issued to replace previous decrees and provides detailed regulations on the acceptance, entry, exit, and preservation of evidence, documents, and items in storage. This Decree takes effect from January 1, 2025.

Đối tượng áp dụng

Competent agencies such as the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice, the Ministry of Agriculture and Rural Development, the Ministry of Finance, the Ministry of Planning and Investment, the Supreme People's Procuracy, and the People's Committees of provinces and centrally governed cities.

Các điểm cốt lõi

  • Regulations on the organizational structure for managing evidence storage and documents, items.
  • Guidelines for the acceptance, entry, exit, and preservation of evidence, documents, and items in storage.
  • Determining the responsibilities of relevant agencies in implementing the management of evidence storage and documents, items.
  • Ensuring regular budget funds from the central government to implement the management of evidence, documents, and items in accordance with the State Budget Law.
  • Directing the construction of evidence storage systems and documents, items at local levels.

🌐 Tác động xã hội từ văn bản này

  • Enhancing the effectiveness of the management of evidence, documents, and items.
  • Minimizing loss and damage to evidence, documents, and items.
  • Ensuring security and order for evidence storage and documents, items.

❓ Câu hỏi thường gặp

Which decrees does this Decree replace?

This Decree replaces Decree No. 18/2002/NĐ-CP dated February 18, 2002, of the Government promulgating the Regulation on the Management of Evidence Storage, and Decree No. 70/2013/NĐ-CP dated July 2, 2013, of the Government amending and supplementing certain articles of the Regulation on the Management of Evidence Storage.

When does this Decree take effect?

This Decree takes effect from January 1, 2025.

Toàn văn

THE GOVERNMENT

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness

Number: 142/2024/NĐ-CP
Hanoi, October 30, 2024

DECREE

Regulations on the management of evidence storage and documents, items

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Criminal Procedure Code dated November 27, 2015; the Law Amending and Supplementing Certain Provisions of the Criminal Procedure Code dated November 12, 2021;

Pursuant to the Civil Procedure Code dated November 25, 2015;

Pursuant to the Labor Code on November 20, 2019;

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Law on Prevention and Control of Domestic Violence dated November 14, 2022;

Pursuant to the Administrative Procedure Code dated November 25, 2015;

Pursuant to the Law Amending and Supplementing Certain Provisions of the State Audit Law dated November 26, 2019;

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

Pursuant to the Civil Enforcement Code dated November 14, 2008; the Law Amending and Supplementing Certain Provisions of the Civil Enforcement Code dated November 25, 2014;

Pursuant to the Competition Law dated June 12, 2018;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Public Investment Law, the Law on Public-Private Partnership Investment, the Investment Law, the Housing Law, the Bidding Law, the Electricity Law, the Enterprise Law, the Special Consumption Tax Law, and the Civil Enforcement Code dated January 11, 2022;

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

The Government promulgates this Decree stipulating regulations on the management of evidence storage and documents, items.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the system of evidence storage and documents, items of the People's Public Security, the People's Army, and civil enforcement agencies; responsibilities and authorities of agencies, organizations, and individuals in managing evidence storage and documents, items; procedures for receiving, issuing, and preserving evidence, documents, and items collected from criminal, civil, family, business, trade, labor cases, or reports and complaints about crimes, requests for prosecution (hereinafter referred to collectively as cases or matters) or temporarily detained assets in civil enforcement proceedings.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

Article 3. Evidence storage and documents, items are places that receive, manage, and preserve evidence, documents, and items established by the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Justice according to the provisions of the law to serve investigative, prosecution, trial, enforcement, and handling of reports and complaints about crimes and requests for prosecution.

Article 4. Management of evidence storage and documents, items includes activities related to receiving, entering, issuing, and preserving evidence, documents, and items at evidence storage and documents, items.

Article 5. Documents and items are evidence, documents, and items collected from criminal, civil, family, business, trade, labor cases, or reports and complaints about crimes and requests for prosecution, or temporarily detained assets in civil enforcement proceedings.

Article 6. Agencies managing evidence storage and documents, items are units under the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Justice assigned the task of managing evidence storage and documents, items.

Article 7. Principles of management of evidence storage and documents, items

Clause 1. Compliance with the provisions of the law and this Decree.

Clause 2. Receiving, entering, and issuing evidence, documents, and items shall be carried out according to orders or decisions of competent agencies or persons.

Clause 3. Evidence, documents, and items shall be classified and preserved safely.

Clause 4. Evidence storage and documents, items shall be protected securely 24 hours a day.

Article 8. Prohibited acts

Clause 1. Intruding, destroying physical facilities and means, equipment ensuring security and safety of evidence storage and documents, items.

Clause 2. Entering evidence and items not within the scope regulated by this Decree into evidence storage and documents, items.

Clause 3. Removing evidence, documents, and items from evidence storage and documents, items without permission from the agency or person authorized to issue orders or decisions on entry and exit of evidence, documents, and items and the agency or person authorized to manage evidence storage and documents, items.

Clause 4. Misusing power and authority to consume, use improperly, transfer, substitute, conceal, add, subtract, modify, lose, damage, destroy, unseal, and engage in other acts changing the status of evidence, documents, and items.

Clause 5. Using evidence storage and documents, items for other purposes.

Clause 6. Persons and means without assigned tasks entering evidence storage and documents, items.

Article 5. Budget

1. The budget to ensure management of evidence, documents, and items includes:

a) Costs for constructing, expanding, upgrading, and repairing evidence and document storage facilities;

b) Costs for purchasing, operating equipment, means, and technical services for preservation; ensuring the safety of evidence and document storage facilities;

c) Costs for managing, entering, exiting, preserving evidence, documents, and items; moving evidence, documents, and items; renting warehouses, sheds, and storage areas to preserve evidence, documents, and items.

2. The budget to ensure management of evidence, documents, and items for the Ministry of Public Security, the Ministry of National Defense, the Ministry of Justice, and related ministries and sectors shall be implemented in accordance with the State Budget Law, the Public Investment Law, and current guiding documents.

Chapter II

SYSTEM OF EVIDENCE AND DOCUMENT STORAGE FACILITIES

Article 6. System of Evidence and Document Storage Facilities of the People's Police

1. The system of evidence and document storage facilities of the People's Police includes:

a) Evidence and document storage facility of the Ministry of Public Security;

b) Evidence and document storage facility of provincial-level police forces (hereinafter referred to collectively as provincial-level police evidence and document storage facilities);

c) Evidence and document storage facility of district-level police forces (hereinafter referred to collectively as district-level police evidence and document storage facilities).

2. The Minister of Public Security shall stipulate the system of evidence and document storage facilities of the People's Police to receive and preserve evidence, documents, and items from agencies and individuals conducting litigation within the People's Police, the Prosecutor's Office, and agencies and individuals assigned tasks to conduct certain investigative activities of the Police, Customs, Forest Protection, and Fisheries Surveillance.

Article 7. System of Evidence and Document Storage Facilities of the People's Army

1. The system of evidence and document storage facilities of the People's Army includes:

a) Evidence and document storage facility of the Ministry of National Defense (Investigation Department, Enforcement Department, and Military Security Protection Department);

b) Evidence and document storage facility of investigation agencies, enforcement agencies at military regions and equivalent levels, Border Guard, Coast Guard, and regional investigation agencies;

c) Evidence and document storage facility of provincial-level Military Command Departments, Hanoi Capital Military Command Department, Ho Chi Minh City Capital Military Command Department (hereinafter referred to collectively as provincial-level Military Command Departments) organized within the weapons and technical equipment storage area under provincial-level Military Command Departments.

2. The Minister of National Defense shall stipulate the system of evidence and document storage facilities of the People's Army to receive and preserve evidence, documents, and items according to their authority within the People's Army and point e clause 2 Article 15 of this Decree.

Article 8. System of Evidence and Document Storage Facilities of Civil Enforcement Agencies

1. The system of evidence and document storage facilities of civil enforcement agencies includes:

a) Evidence and document storage facility of provincial-level civil enforcement agencies (hereinafter referred to as provincial-level civil enforcement agency evidence and document storage facilities);

b) Evidence and document storage facility of district-level civil enforcement agencies (hereinafter referred to collectively as district-level civil enforcement agency evidence and document storage facilities).

2. The Minister of Justice shall stipulate the system of evidence and document storage facilities of civil enforcement agencies to receive and preserve evidence, documents, and items according to the authority of civil enforcement agencies.

Article 9. Conditions for evidence storage facilities and documents, items

1. Evidence storage facilities and documents, items must be designed and constructed scientifically, safely, firmly, conveniently for the work of receiving and preserving evidence, documents, and items; they must have guard duty rooms, protective fences; lighting systems, security control systems, fire prevention and firefighting equipment systems; internal regulations, plans, protection schemes, fire prevention and firefighting schemes or preventive measures and emergency response measures for evidence storage facilities and documents, items.

2. Functional storage rooms must ensure dryness, ventilation, environmental conditions, and hygiene; they must be equipped with devices, means, and techniques to ensure the preservation of evidence, documents, and items.

3. Storage sheds and storage yards must have solid concrete floors, be raised and well-drained, and have rain and sun shelters.

4. For places storing evidence that are waterway vehicles, there must be guard duty rooms; lighting systems, security control systems, fire prevention and firefighting equipment systems; mooring equipment; operational rules for entering and exiting the dock, plans, protection schemes, fire prevention and firefighting schemes or preventive measures and emergency response measures.

Chapter III

RESPONSIBILITIES AND LIMITS OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS IN MANAGING EVIDENCE STORAGE FACILITIES AND DOCUMENTS, ITEMS

Article 10. Responsibilities and authorities of agencies and persons authorized to issue orders or decisions on the receipt and dispatch of evidence, documents, and items

1. Issue orders for the receipt and dispatch of evidence and documents, items. The content of the order must clearly specify the type, quantity, weight, characteristics, and condition of the evidence, documents, and items; the reason, time of receipt and dispatch, signature of the Head, Deputy Head, or head, deputy head of the competent agency conducting the proceedings, and stamp of the competent agency conducting the proceedings; name and position of the person delivering and receiving the evidence, documents, and items.

2. Coordinate with the agency managing evidence storage facilities and documents, items: to receive and dispatch evidence, documents, and items; when there is a request to seal evidence, documents, and items, if the seals are peeled off or torn, handle the damaged evidence, documents, and items according to regulations in a timely manner.

3. Agencies and persons authorized to issue orders or decisions on the receipt of evidence and documents, items after collecting evidence, documents, and items must promptly transport and hand over to the agency managing evidence storage facilities and documents, items.

4. Agencies and persons authorized to issue orders for the receipt of documents and items from complaints, reports about criminal offenses, and requests for prosecution have the responsibility:

a) Within two days from the date of issuing the decision to initiate a criminal case, the competent agency or person conducting the proceedings shall notify in writing to the agency managing evidence storage facilities and documents, items to continue to preserve according to regulations;

b) Within two days from the date of issuing the decision not to initiate a criminal case, the unit that requested the order to receive documents and items into evidence storage facilities and documents, items shall issue an order to dispatch evidence and documents, items to receive those documents and items and resolve them according to the law;

c) Within two days from the end of the temporary suspension period for handling complaints, reports about criminal offenses, and requests for prosecution, the unit that issued the order to receive documents and items into evidence storage facilities and documents, items shall notify in writing to the agency managing evidence storage facilities and documents, items whether to continue preserving or to issue an order to dispatch evidence and documents, items to receive those documents and items and resolve them according to the law.

5. Propose relevant agencies to guide and support personnel and specialized expertise to preserve evidence, documents, and items belonging to specific fields.

6. Within two days from the date of receiving the decision to transfer evidence from the competent People's Procuratorate, the agency or person conducting the proceedings shall issue an order to dispatch evidence and documents, items, and simultaneously transport and hand over the evidence at the evidence storage facility and documents, items of the civil enforcement agency at the same level where the competent court has jurisdiction. The civil enforcement agency shall be responsible for receiving and preserving the evidence according to its authority.

7. Agencies and persons conducting the proceedings during the process of resolving cases and matters, when making decisions directly related to evidence, documents, and items, must notify in writing to the agency managing evidence storage facilities and documents, items to coordinate and preserve evidence, documents, and items.

8. Regularly every six months and annually, coordinate with the agency managing evidence storage facilities and documents, items to review and statistics on the evidence, documents, and items currently being preserved in evidence storage facilities and documents, items; handle evidence, documents, and items according to the provisions of the law.

Article 11. Responsibilities and Authorities of the Agency Managing Evidence Storage and Documents, Objects

1. Organize the implementation and enforcement of laws on managing evidence storage and documents, objects; direct business operations, guide the application of laws on managing evidence storage and documents, objects.

2. Take the lead and coordinate with competent agencies and individuals conducting litigation to receive, enter, exit, store evidence, documents, and objects.

3. Ensure material resources, equipment, means, technical business operations, human resources in managing evidence storage and documents, objects; organize the protection of safety for evidence storage and documents, objects 24/24 hours daily.

4. Take the lead and coordinate with related agencies and units to organize the urgent relocation of evidence, documents, and objects from evidence storage and documents, objects to safe locations in cases of natural disasters, fires, explosions, or risks to the safety of evidence storage and documents, objects.

5. Propose local authorities and people's armed forces stationed in the area to support the protection of evidence storage and documents, objects when necessary.

6. Recommend agencies and individuals conducting litigation to address and handle evidence, documents, and objects showing signs of damage, risk of damage, peeling seals, or threats to the safety of evidence storage and documents, objects, adversely affecting or causing harm to people, property, and the environment.

7. Timely notify investigative agencies, People's Procuracy in areas with evidence storage and documents, objects and agencies and individuals conducting litigation who have issued orders or decisions to enter evidence storage and documents, objects in cases where evidence, documents, and objects are lost, violated, or seized for joint handling and resolution.

8. Annually submit written requests to competent agencies conducting litigation to review, tally, and process evidence, documents, and objects according to legal regulations.

9. Summarize and conclude management work of evidence storage and documents, objects; implement statistical and reporting systems on managing evidence storage and documents, objects.

Article 12. Responsibilities and Authorities of the Head of the Agency Managing Evidence Storage and Documents, Objects

1. Organize the implementation of responsibilities and authorities of the agency managing evidence storage and documents, objects as stipulated in Article 11 of this Decree.

2. Direct the assurance of security, safety, and environmental hygiene for evidence storage and documents, objects; monitor, guide, inspect, supervise, and conduct other management activities regarding the management of evidence storage and documents, objects.

3. Assign custodians, managers, and staff to perform tasks of receiving, entering, exiting, storing evidence, documents, and objects according to orders or decisions of agencies and individuals with authority.

4. Determine the condition of damaged evidence, documents, and objects, peeling seals, or threats to the safety of evidence storage and documents, objects to recommend agencies and individuals conducting litigation to cooperate in resolving them.

5. Approve plans and schemes for protecting evidence storage and documents, objects.

Article 13. Responsibilities and Authorities of Custodians, Managers, and Staff of Evidence Storage and Documents, Objects

1. Custodian of evidence storage and documents, objects:

a) Receive, enter, exit, and store evidence, documents, and objects at evidence storage and documents, objects according to orders or decisions of agencies and individuals with authority;

b) Report to the head of the agency managing evidence storage and documents, objects upon discovering loss, violation, seizure, risk of damage, or threats to the safety of evidence storage and documents, objects, affecting people, property, and the environment, and witness the inspection of the scene by agencies and individuals conducting litigation (if applicable);

c) Report to the head of the agency managing evidence storage and documents, objects on the status of evidence storage and documents, objects; propose recommendations and suggestions for expanding, upgrading, repairing evidence storage and documents, objects; propose the provision of equipment and means to facilitate the reception, entry, exit, and storage of evidence, documents, and objects;

d) Conduct inventory checks of evidence storage and documents, objects every six months and annually, report to the head of the agency managing evidence storage and documents, objects;

đ) Develop plans and schemes for protection, fire prevention and extinguishing measures, or preventive and emergency response measures to be submitted for approval by competent authorities.

2. Managers and staff of evidence storage and documents, objects are responsible for cooperating with the custodian of evidence storage and documents, objects in receiving, entering, exiting, and storing evidence, documents, and objects; conducting inventories and ensuring the safety of evidence storage and documents, objects.

Chapter IV

PROCEDURE FOR RECEIVING, EXITING AND STORINGEVIDENCE, DOCUMENTS, OBJECTS

Article 14. Procedures for the Entry and Exit of Evidence Items, Documents, and Objects

1. Procedure for the Entry of Evidence Items, Documents, and Objects:

a) Check the warehouse entry order for evidence items and documents, objects from the competent authority; initial seizure record; transfer decision on evidence items (if any); introduction letter and personal identification of the person delivering the evidence items, documents, and objects;

b) Conduct a check on the quantity, condition, characteristics, and sealing of the evidence items, documents, and objects (if any);

c) Prepare the handover record for the evidence items, documents, and objects;

d) Categorize the evidence items, documents, and objects;

đ) Prepare the warehouse entry form for the evidence items and documents, objects;

e) Prepare the inventory card for the evidence items and documents, objects;

g) Implement labeling for the evidence items, documents, and objects;

h) Record in the logbook and update the data on the entry of the evidence items and documents, objects with full information on quantity, condition, characteristics, and sealing of the evidence items, documents, and objects (if any).

2. Procedure for the Exit of Evidence Items, Documents, and Objects:

a) Check the warehouse exit order for evidence items and documents, objects from the competent authority; transfer decision on evidence items (if any); introduction letter and personal identification of the person receiving the evidence items, documents, and objects;

b) Conduct a check on the quantity, condition, characteristics of the evidence items, documents, objects, and the sealing status (if any);

c) Prepare the warehouse exit form for the evidence items and documents, objects;

d) Record in the logbook and update the data on the exit of the evidence items and documents, objects with full information on quantity, condition, characteristics, and sealing of the evidence items, documents, and objects (if any);

đ) Prepare the handover record for the evidence items, documents, and objects.

3. The warehouse entry and exit forms for evidence items and documents, objects; the handover records for evidence items, documents, and objects shall be prepared in two copies, signed by both the delivering and receiving parties; each party retains one copy.

Article 15. Preservation of Evidence Items, Documents, and Objects

1. Evidence items, documents, and objects shall be preserved in accordance with the provisions of the law; they shall be categorized, neatly arranged in a scientific manner to avoid confusion, loss, damage, pollution of the environment, and facilitate management, entry, exit, and preservation of the evidence items, documents, and objects.

2. All evidence items, documents, and objects must be stored in the evidence item and document warehouse, except in the following cases:

a) Items that cannot be stored in the evidence item and document warehouse for preservation, have been rented for storage or handed over to the lawful owner, manager of the object, asset, or their relatives or local authorities, organizations where the item needs to be preserved;

b) Items such as papers, paintings, photographs, electronic data storage media that have been filed in the case file and handed over to the authorized litigation personnel for management according to the file work system;

c) Items handed over to the authorized litigation personnel for management to serve investigative, prosecution, and trial activities;

d) Items that are prone to deterioration and difficult to preserve shall be transferred to the competent authority for handling in accordance with the law and the funds transferred to the temporary holding account of the authorized authority at the State Treasury for management (if applicable);

đ) Cash or cash foreign currency must be appraised and deposited into the temporary holding account of the authorized litigation personnel at the State Treasury at the same level as the location of the authorized litigation personnel's office. Precious assets, securities, gold, silver, precious metals, gemstones, antiques must be appraised, sealed, and stored in the State Treasury system at the same level as the location of the authorized litigation personnel's office;

Cash or cash foreign currency, precious assets, securities, gold, silver, precious metals, gemstones, antiques bearing traces of criminal activity must be appraised immediately upon collection, sealed (recorded in the sealing document included in the case file), and stored in the State Treasury system at the same level as the location of the authorized litigation personnel's office;

e) Military weapons, explosives, explosive precursors, fireworks, firecrackers, flammable liquids, solid flammables, when appraised and sealed, must be stored in the evidence item and document warehouse within the military equipment warehouse area under the Provincial Military Command where the authorized litigation personnel's office is located;

g) Toxic substances, when appraised and sealed, must be stored at specialized facilities under the health, defense, public security, industry and trade, agriculture and rural development sectors;

h) Radioactive materials and sources, when appraised and sealed, must be stored at the Vietnam Atomic Energy Institute under the Ministry of Science and Technology;

i) Wild animals, when handed over to specialized management agencies, must be sent to zoos, wildlife rescue centers, national conservation centers, forest animal rescue bases, animal gardens, forest animal breeding companies with conditions to obtain biodiversity conservation permits, research institutions, environmental education facilities, specialized museums, special-use forest management boards near or at the location of the authorized litigation personnel's office;

k) Plants must be stored at forestry agencies, research and development centers, forestry companies, botanical gardens, plant cultivation facilities with appropriate conditions;

l) Biological samples, infectious substances, harmful bacteria, viruses, parasites, blood, tissue, human body parts, vaccines, and other items related to the medical field requiring special preservation conditions must be sealed and stored at specialized facilities in accordance with the regulations of the health sector.

3. Organizations and individuals entrusted with the preservation of evidence items, documents, and objects as stipulated in Clause 2 of this Article shall be responsible for organizing immediate acceptance and preservation; the agency that has delivered or sent the evidence items, documents, and objects shall be responsible for coordinating to preserve the evidence items, documents, and objects in accordance with the law.

4. In cases where due to objective conditions, evidence, documents, and items specified in this Decree have not yet been able to be transferred to the management agency of the evidence and document storage facility or specialized agencies as prescribed by law for safekeeping, the competent authority conducting litigation shall organize for their preservation. Once the objective conditions are overcome, they must immediately transfer them to the management agency of the evidence and document storage facility or specialized agencies as prescribed by law for safekeeping.

Chapter V

 RESPONSIBILITIES OF MINISTRIES, SECTORS AND PROVINCIAL PEOPLE'S COMMITTEES UNDER THE CENTRAL GOVERNMENT IN MANAGING EVIDENCE AND DOCUMENT STORAGE FACILITIES

Article 16. Responsibilities of the Ministry of Public Security

1. Shall be responsible before the Government for uniformly managing state administration over the management of evidence and document storage facilities.

2. Issue or submit to competent authorities for issuance normative legal documents on the management of evidence and document storage facilities within its jurisdiction.

3. Specify the organizational structure of the management of evidence and document storage facilities of the People's Public Security; establish, dissolve, and merge evidence and document storage facilities; scale, technical standards, design models, equipment, means, professional techniques, ancillary projects; forms; database management of evidence and document storage facilities; internal regulations of evidence and document storage facilities of the People's Public Security.

4. Direct local public security organs to accept, import, export, and store evidence, documents, and items of public security organs and people's procuracies; agencies and individuals assigned tasks to conduct certain investigative activities of public security, customs, forestry inspection, fisheries inspection, except for cases specified in Clause 2, Article 15 of this Decree.

5. Direct local public security organs to comply with legal provisions on the management of evidence and document storage facilities of the People's Public Security.

6. Develop plans and training programs for public security officers performing tasks related to the management of evidence and document storage facilities.

7. Summarize, conclude, report, and statistically analyze national management of evidence and document storage facilities.

8. Conduct inspections, audits, handle complaints and accusations, and deal with violations concerning the management of evidence and document storage facilities of the People's Public Security according to legal provisions.

Article 17. Responsibilities of the Ministry of National Defense

1. Shall be responsible for managing evidence and document storage facilities of the People's Army.

2. Issue or jointly issue normative legal documents on the management of evidence and document storage facilities of the Ministry of National Defense within its jurisdiction.

3. Specify the organizational structure of the management of evidence and document storage facilities of the People's Army; establish, dissolve, and merge evidence and document storage facilities; scale, technical standards, design models, equipment, means, professional techniques, ancillary projects; forms; database management of evidence and document storage facilities; internal regulations of evidence and document storage facilities of the People's Army.

4. Direct agencies and units to comply with legal provisions on the management of evidence and document storage facilities of the People's Army.

5. Develop plans and training programs for military officers performing tasks related to the management of evidence and document storage facilities.

6. Summarize, conclude, report, and statistically analyze the work of managing evidence and document storage facilities of the People's Army.

7. Conduct inspections, audits, handle complaints and accusations, and deal with violations concerning the management of evidence and document storage facilities of the People's Army according to legal provisions.

Article 18. Responsibilities of the Ministry of Justice

1. Be responsible for managing the evidence storage and documents, items of the civil enforcement agency.

2. Issue or coordinate to issue, within its authority, legal normative documents governing the management of evidence storage and documents, items of the Ministry of Justice.

3. Specify the organizational structure for managing the evidence storage and documents, items of the civil enforcement agency; establish, dissolve, merge evidence storage and documents, items; scale, technical standards, design models, equipment, means, professional techniques, ancillary projects; forms; database for managing evidence storage and documents, items; warehouse regulations for evidence storage and documents, items of the civil enforcement agency.

4. Direct provincial and district-level civil enforcement agencies to implement the legal provisions on managing evidence storage and documents, items of the civil enforcement agency correctly.

5. Develop plans and programs for training and instructing staff of the civil enforcement agency tasked with managing evidence storage and documents, items.

6. Summarize, conclude, report, and statistically analyze the work of managing evidence storage and documents, items of the civil enforcement agency.

7. Inspect, check, resolve complaints and accusations, and handle violations concerning the management of evidence storage and documents, items of the civil enforcement agency according to the law.

Article 19. Responsibilities of the Ministry of Agriculture and Rural Development

Direct the competent Forest Protection and Fisheries Inspection agencies to enter evidence, documents, items into the evidence storage and documents, items of the People's Public Security to store according to the regulations, except for cases specified in Clause 2, Article 15 of this Decree.

Article 20. Responsibilities of the Ministry of Finance

1. Guide specific criteria for determining objects that are prone to rapid deterioration and difficult to preserve according to the law.

2. Direct the competent Customs agencies to enter evidence, documents, items into the evidence storage and documents, items of the People's Public Security to store according to the regulations, except for cases specified in Clause 2, Article 15 of this Decree.

3. Ensure regular budget funds from the central government to implement the management of evidence, documents, items according to the State Budget Law and current guiding documents.

Article 21. Responsibilities of the Ministry of Planning and Investment

Take the lead in compiling and reporting to the competent authority to allocate capital for medium-term and annual investment construction of evidence storage and documents, items systems; preserve evidence, documents, items according to the Law on Public Investment and related laws.

Article 22. Responsibilities of the Supreme People's Procuracy

Direct agencies and persons conducting proceedings of the People's Procuracy to enter evidence, documents, items into the evidence storage and documents, items of the People's Public Security to store according to the regulations, except for cases specified in Clause 2, Article 15 of this Decree.

Article 23. Responsibilities of the People's Committees of provinces and centrally governed cities

1. Be responsible for allocating land funds and supporting the construction of evidence storage and documents, items systems in their localities, coordinating to ensure security, order, and safety for evidence storage and documents, items.

2. Direct relevant departments and sectors to accept, enter, exit, and preserve evidence, documents, items within their assigned functions and tasks.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 24. Effective Date

1. This Decree takes effect from January 1, 2025, replacing Government Decree No. 18/2002/NĐ-CP dated February 18, 2002, promulgating the Regulations on Management of Evidence Storage; Government Decree No. 70/2013/NĐ-CP dated July 2, 2013, amending and supplementing certain articles of the Regulations on Management of Evidence Storage issued together with Government Decree No. 18/2002/NĐ-CP dated February 18, 2002.

2. For the acceptance, entry, exit, and preservation of evidence, documents, items in evidence storage and documents, items according to orders or decisions of competent agencies or persons which have not been implemented or completed by the time this Decree takes effect, the provisions of this Decree shall apply.

Article 25. Responsibilities for Implementation

1. The Minister of Public Security, the Minister of National Defense, the Minister of Justice, and other relevant ministries and sectors, People's Committees of provinces and centrally governed cities within their assigned functions, tasks, and authorities are responsible for organizing the implementation and guiding and inspecting the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.

PRIME MINISTER
PRIME MINISTER

PHAM MINH CHINH
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23/2018/QH14 Luật Cạnh tranh số 23/2018/QH14 Còn hiệu lực 76/2015/QH13 Luật Tổ chức Chính phủ số 76/2015/QH13 Hết hiệu lực 47/2019/QH14 Luật sửa đổi, bổ sung một số điều của Luật Tổ chức Chính phủ và Luật Tổ chức chính quyền địa phương số 47/2019/QH14 Hết hiệu lực 64/2014/QH13 Luật Sửa đổi, bổ sung một số điều của Luật thi hành án dân sự số 64/2014/QH13 Còn hiệu lực 93/2015/QH13 Luật Tố tụng hành chính số 93/2015/QH13 Còn hiệu lực 67/2020/QH14 Luật Sửa đổi, bổ sung một số điều của Luật xử lý vi phạm hành chính số 67/2020/QH14 Còn hiệu lực 99/2015/QH13 Luật Tổ chức cơ quan điều tra hình sự số 99/2015/QH13 Còn hiệu lực 26/2008/QH12 Luật Thi hành án dân sự số 26/2008/QH12 Hết hiệu lực 103/2015/QH13 Nghị quyết số 103/2015/QH13 Về việc thi hành Bộ luật Tố tụng dân sự Còn hiệu lực 59/2020/QH14 Luật Doanh nghiệp số 59/2020/QH14 Còn hiệu lực 101/2015/QH13 Bộ luật Tố tụng hình sự số 101/2015/QH13 Còn hiệu lực 13/2022/QH15 Luật Phòng, chống bạo lực gia đình số 13/2022/QH15 Còn hiệu lực 03/2022/QH15 Luật sửa đổi, bổ sung một số điều của Luật Đầu tư công, Luật Đầu tư theo phương thức đối tác công tư, Luật Đầu tư, Luật Nhà ở, Luật Đấu thầu, Luật Điện lực, Luật Doanh nghiệp, Luật Thuế tiêu thụ đặc biệt và Luật Thi hành án dân sự. số 03/2022/QH15 Còn hiệu lực 55/2019/QH14 Luật sửa đổi, bổ sung một số điều của Luật kiểm toán nhà nước số 55/2019/QH14 Còn hiệu lực 02/2021/QH15 Luật sửa đổi, bổ sung một số điều của Bộ luật Tố tụng hình sự số 02/2021/QH15 Còn hiệu lực 45/2019/QH14 Bộ Luật lao động số 45/2019/QH14 Còn hiệu lực 124/2025/TT-BTC Thông tư số 124/2025/TT-BTC Sửa đổi, bổ sung một số điều của Thông tư số 135/2018/TT-BTC ngày 28/12/2018 của Bộ trưởng Bộ Tài chính quy định việc quản lý đối với tiền mặt, giấy tờ có giá, tài sản quý tạm gửi, tạm giữ do Kho bạc Nhà nước nhận bảo quản Còn hiệu lực 16/2026/TT-BCA Thông tư số 16/2026/TT-BCA Quy định về quản lý kho vật chứng và tài liệu, đồ vật trong Công an nhân dân Còn hiệu lực
142/2024/NĐ-CP
Decree No. 142/2024/NĐ-CP on the management of evidence storage and documents, items.
In effect

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