Ordinance No. 23/2004/PL-UBTVQH11 On Criminal Investigation Organization

ORDAINANCE

On Criminal Investigation Organization

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

Based on the Criminal Procedure Code;

This Ordinance stipulates the organizational structure and specific investigative powers of the Investigative Agency; specific tasks and authorities in investigative activities of Border Guard Forces, Customs, Forest Rangers, Maritime Police Force, and other agencies of the People's Public Security and People's Army assigned to conduct certain investigative activities.

PART I
GENERAL PROVISIONS

Article 1. Investigative Agencies

1. In the People's Public Security, there are the following Investigative Agencies:

a) The Criminal Investigation Agency of the Ministry of Public Security; the Criminal Investigation Agency of the Provincial Public Security (hereinafter referred to collectively as the Criminal Investigation Agency of the Provincial Public Security); the Criminal Investigation Agency of the District-level Public Security (hereinafter referred to collectively as the Criminal Investigation Agency of the District-level Public Security);

b) The Security Investigation Agency of the Ministry of Public Security; the Security Investigation Agency of the Provincial Public Security (hereinafter referred to collectively as the Security Investigation Agency of the Provincial Public Security).

2. In the People's Army, there are the following Investigative Agencies:

a) The Military Criminal Investigation Agency of the Ministry of National Defense; the Military Criminal Investigation Agency of the Military Region and equivalent units; the Military Criminal Investigation Agency of the Area;

b) The Military Security Investigation Agency of the Ministry of National Defense; the Military Security Investigation Agency of the Military Region and equivalent units.

3. At the Supreme People's Procuracy, there are the following Investigative Agencies:

a) The Investigative Agency of the Supreme People's Procuracy;

b) The Investigative Agency of the Central Military Procuracy.

4. The Investigative Agency has Heads, Deputy Heads, and Investigators.

Article 2. Agencies Assigned to Conduct Certain Investigative Activities

Agencies assigned to conduct certain investigative activities include Border Guard Forces, Customs, Forest Rangers, Maritime Police Force, other agencies of the People's Public Security, and People's Army as specified in Articles 19, 20, 21, 22, 23, 24, and 25 of this Ordinance.

Article 3. Tasks of the Investigative Agency

The Investigative Agency conducts investigations into all criminal offenses, applies all measures prescribed by the Criminal Procedure Code to determine criminal offenses and persons who have committed criminal acts, prepares files, and proposes prosecution; identifies the causes and conditions for committing crimes and requests relevant agencies and organizations to apply measures to remedy and prevent them.

Article 4. Investigative Tasks of Agencies Assigned to Conduct Certain Investigative Activities

1. When Border Guard Forces, Customs, Forest Rangers, and Maritime Police Force perform their duties within their respective management areas and discover criminal acts that warrant criminal responsibility, they shall conduct investigative activities as provided for in Articles 19, 20, 21, and 22 of this Ordinance.

2. Other agencies of the People's Public Security and People's Army assigned to conduct certain investigative activities, when performing their duties and discovering matters with signs of criminal offenses, have the right to initiate criminal cases, conduct preliminary investigative activities, and transfer case files to competent Investigative Agencies as provided for in Articles 23, 24, and 25 of this Ordinance.

Article 5. Principles of Investigative Activities

1. Only Investigative Agencies and agencies assigned to conduct certain investigative activities as stipulated in this Ordinance may conduct criminal investigations. All investigative activities must comply with the provisions of the Criminal Procedure Code and this Ordinance.

2. Investigative activities must respect the truth, be conducted objectively, comprehensively, and fully; accurately and promptly identify all criminal acts, clarify evidence proving guilt and innocence, aggravating and mitigating circumstances of criminal liability of persons who have committed criminal acts, without letting any crime go unpunished or wrongfully convicting innocent people.

3. Lower-level Investigative Agencies are subject to guidance and direction from higher-level Investigative Agencies.

Article 6. Responsibilities of the Procuracy in Investigative Activities

The Procuracy supervises compliance with the law in investigative activities to ensure that the investigative activities of Investigative Agencies, Border Guard Forces, Customs, Forest Rangers, Maritime Police Force, and other agencies of the People's Public Security and People's Army assigned to conduct certain investigative activities comply with the provisions of the Criminal Procedure Code and this Ordinance.

The Procuracy must promptly detect and require Investigative Agencies, Border Guard Forces, Customs, Forest Rangers, Maritime Police Force, and other agencies of the People's Public Security and People's Army assigned to conduct certain investigative activities to rectify violations of the law in investigative activities; issue and revoke certificates for defense counsel in cases investigated by Border Guard Forces, Customs, Forest Rangers, Maritime Police Force, and other agencies of the People's Army assigned to conduct certain investigative activities.

Investigative Agencies, Border Guard Forces, Customs, Forest Rangers, Maritime Police Force, and other agencies of the People's Public Security and People's Army assigned to conduct certain investigative activities must implement requirements and decisions of the Procuracy as prescribed by the Criminal Procedure Code.

Article 7. Responsibilities of Agencies, Organizations, and Citizens in Investigative Activities

1. Organizations and citizens have the right and obligation to discover and report criminal acts; they are responsible for fulfilling requests and creating conditions for Investigative Agencies, Border Guard Forces, Customs, Forest Rangers, Maritime Police Force, other agencies of the People's Public Security and People's Army assigned to conduct certain investigative activities, Heads, Deputy Heads of Investigative Agencies, Investigators, Heads, and Deputy Heads of agencies assigned to conduct certain investigative activities to carry out investigative tasks.

2. Within the scope of their responsibilities, state agencies must immediately inform the Investigation Agency of all criminal acts occurring within their agencies and areas of management; they have the right to make recommendations and submit relevant documents to the Investigation Agency for consideration of prosecution against persons committing criminal acts; they are responsible for implementing requests and creating conditions for the Investigation Agency, Border Guard Force, Customs, Forest Rangers, Maritime Police forces, other agencies of the People's Public Security, People's Armed Forces assigned tasks to conduct certain investigative activities, Heads, Deputy Heads of the Investigation Agency, Investigators, Heads, Deputy Heads of agencies assigned tasks to conduct certain investigative activities to carry out investigative tasks.

3. Within the scope of their responsibilities, the Investigation Agency must examine and resolve reports and accusations of criminal offenses, recommendations for prosecution, and notify the results of resolution to the agencies, organizations, and individuals who reported or recommended prosecution and accused criminal offenses, and must apply necessary measures to protect the accusers of criminal offenses.

Article 8. Supervision by agencies, organizations, elected representatives over the investigative activities of the Investigation Agency, Border Guard Force, Customs, Forest Rangers, Maritime Police forces, other agencies of the People's Public Security, People's Armed Forces assigned tasks to conduct certain investigative activities.

State agencies, Vietnam Fatherland Front Committee, member organizations of the Front, and elected representatives have the right to supervise the investigative activities of the Investigation Agency, Border Guard Force, Customs, Forest Rangers, Maritime Police forces, other agencies of the People's Public Security, People's Armed Forces assigned tasks to conduct certain investigative activities, Heads, Deputy Heads of the Investigation Agency, Investigators, Heads, Deputy Heads of agencies assigned tasks to conduct certain investigative activities.

In cases where illegal acts are discovered during investigative activities, state agencies and elected representatives have the right to request, and the Vietnam Fatherland Front Committee and member organizations of the Front have the right to recommend to competent authorities to consider and resolve according to the provisions of the Criminal Procedure Code. Within the scope of their responsibilities, the Investigation Agency, Border Guard Force, Customs, Forest Rangers, Maritime Police forces, other agencies of the People's Public Security, People's Armed Forces assigned tasks to conduct certain investigative activities must examine, resolve, and notify the results of resolution to the agencies or individuals who requested or recommended.

PART II
ORGANIZATION AND INVESTIGATIVE AUTHORITY OF THE INVESTIGATION AGENCY

PART A
ORGANIZATION AND INVESTIGATIVE AUTHORITY OF THE INVESTIGATION AGENCY WITHIN THE PEOPLE'S PUBLIC SECURITY

Article 9. Organization of the Criminal Investigation Agency within the People's Public Security

1. The organization of the Criminal Investigation Agency of the Ministry of Public Security includes the Criminal Investigation Bureau for Social Order Crimes, the Criminal Investigation Bureau for Economic and Administrative Offenses, the Criminal Investigation Bureau for Drug Offenses, and the Office of the Criminal Investigation Agency.

2. The organization of the Criminal Investigation Agency of provincial public security departments includes the Criminal Investigation Division for Social Order Crimes, the Criminal Investigation Division for Economic and Administrative Offenses, the Criminal Investigation Division for Drug Offenses, and the Office of the Criminal Investigation Agency.

3. The organization of the Criminal Investigation Agency of district-level public security departments includes the Criminal Investigation Team for Social Order Crimes, the Criminal Investigation Team for Economic and Administrative Offenses, the Criminal Investigation Team for Drug Offenses, and the administrative support staff of the Criminal Investigation Agency.

Article 10. Organization of the Security Investigation Agency within the People's Public Security

1. The organization of the Security Investigation Agency of the Ministry of Public Security includes investigation rooms, specialized rooms, and the Office of the Security Investigation Agency.

2. The organization of the Security Investigation Agency of provincial public security departments includes investigation teams, specialized teams, and the administrative support staff of the Security Investigation Agency.

Article 11. Investigative authority of the Criminal Investigation Agency within the People's Public Security

1. The Criminal Investigation Agency of district-level public security departments investigates criminal cases involving crimes defined in Chapters XII to XXII of the Penal Code when such crimes fall under 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 Procuracy and the Security Investigation Agency within the People's Public Security.

2. The Criminal Investigation Agency of provincial public security departments investigates criminal cases involving crimes defined in Clause 1 of this Article when such crimes fall under the jurisdiction of the People's Court at the provincial level or crimes falling under the jurisdiction of the Criminal Investigation Agency of district-level public security departments but deemed necessary to investigate directly.

3. The Criminal Investigation Agency of the Ministry of Public Security investigates criminal cases involving particularly serious and complex crimes falling under the jurisdiction of the Criminal Investigation Agency of provincial public security departments but deemed necessary to investigate directly.

Article 12. Investigative authority of the Security Investigation Agency within the People's Public Security

1. The Security Investigation Agency of provincial public security departments investigates criminal cases involving crimes defined in Chapter XI, Chapter XXIV, and crimes defined in Articles 180, 181, 221, 222, 223, 230, 231, 232, 236, 263, 264, 274, and 275 of the Penal Code when such crimes fall under the jurisdiction of the People's Court at the provincial level.

2. The Security Investigation Agency of the Ministry of Public Security investigates criminal cases involving particularly serious and complex crimes falling under the jurisdiction of the Security Investigation Agency of provincial public security departments as stipulated in Clause 1 of this Article but deemed necessary to investigate directly.

PART B
ORGANIZATION AND INVESTIGATIVE AUTHORITY OF THE INVESTIGATION AGENCY WITHIN THE PEOPLE'S ARMED FORCES

Article 13. Organization of the Criminal Investigation Agency within the People's Armed Forces

1. The organization of the Criminal Investigation Agency of the Ministry of National Defense includes investigation rooms, specialized rooms, and the administrative support staff of the Criminal Investigation Agency.

2. The organization of the Criminal Investigation Agency of military regions and equivalent units includes the Investigation Board and the administrative support staff of the Criminal Investigation Agency.

3. The organization of the Criminal Investigation Agency of regional areas includes the investigation unit and the administrative support staff of the Criminal Investigation Agency.

4. Based on the tasks and organization of the Military in each period, the Government shall submit to the Standing Committee of the National Assembly for a decision on the establishment or dissolution of Military Region Criminal Investigation Agencies and equivalent agencies, and Regional Criminal Investigation Agencies.

Article 14. Organization of the Security Investigation Agency within the People's Army

1. The organization of the Ministry of National Defense Security Investigation Agency includes investigation rooms, specialized rooms, and administrative machinery assisting the Security Investigation Agency.

2. The organization of the Military Region Security Investigation Agency and equivalent agencies includes an investigation department and administrative machinery assisting the Security Investigation Agency.

3. Based on the tasks and organization of the Military in each period, the Government shall submit to the Standing Committee of the National Assembly for a decision on the establishment or dissolution of Military Region Security Investigation Agencies and equivalent agencies.

Article 15. Investigative Authority of the Criminal Investigation Agency within the People's Army

1. The Regional Criminal Investigation Agency investigates criminal cases concerning crimes defined in Chapters XII to XXIII of the Penal Code when such crimes fall under the jurisdiction of the Military Regional Court, except for crimes falling under the investigative authority of the Central Military Procuracy Criminal Investigation Agency.

2. The Military Region Criminal Investigation Agency and equivalent agencies investigate criminal cases concerning crimes defined in Clause 1 of this Article when such crimes fall under the jurisdiction of the Military Regional Court and equivalent courts, or crimes falling under the investigative authority of the Regional Criminal Investigation Agency but deemed necessary for direct investigation.

3. The Ministry of National Defense Criminal Investigation Agency investigates criminal cases concerning particularly serious and complex crimes falling under the investigative authority of the Military Region Criminal Investigation Agency and equivalent agencies but deemed necessary for direct investigation.

Article 16. Investigative Authority of the Security Investigation Agency within the People's Army

1. The Military Region Security Investigation Agency and equivalent agencies investigate criminal cases concerning crimes defined in Chapters XI and XXIV of the Penal Code when such crimes fall under the jurisdiction of the Military Regional Court and equivalent courts.

2. The Ministry of National Defense Security Investigation Agency investigates criminal cases concerning particularly serious and complex crimes falling under the investigative authority of the Military Region Security Investigation Agency and equivalent agencies but deemed necessary for direct investigation.

PART C
ORGANIZATION AND INVESTIGATIVE AUTHORITY OF THE INVESTIGATION AGENCY
OF THE SUPREME PROSECUTOR'S OFFICE

Article 17. Organization of the Investigation Agency of the Supreme People's Procuracy

1. The organization of the Supreme People's Procuracy Investigation Agency includes investigation rooms and administrative machinery assisting the Investigation Agency.

2. The organization of the Central Military Procuracy Investigation Agency includes an investigation department and administrative machinery assisting the Investigation Agency.

Article 18. Investigative Authority of the Investigation Agency of the Supreme People's Procuracy

1. The Supreme People's Procuracy Investigation Agency investigates criminal cases concerning certain types of offenses against judicial proceedings when the offenders are staff members of judicial organs and such crimes fall under the jurisdiction of the People's Court.

2. The Central Military Procuracy Investigation Agency investigates criminal cases concerning crimes defined in Clause 1 of this Article when such crimes fall under the jurisdiction of the Military Court.

CHAPTER III
LIMITATIONS ON INVESTIGATIVE AUTHORITY OF ASSIGNED AGENCIES
TASKS TO PERFORM CERTAIN INVESTIGATION ACTIVITIES

Article 19. Investigative Authority of the Border Guard

1. When performing duties within their management domain and discovering crimes defined in Chapter XI and Articles 119, 120, 153, 154, 172, 180, 181, 188, 192, 193, 194, 195, 196, 230, 232, 236, 263, 264, 273, 274, and 275 of the Penal Code occurring in border areas on land, coastal areas, islands, and maritime zones under the management of the Border Guard, the Director of the Border Surveillance Department, the Commander of the Provincial Border Guard, and the Head of the Border Post have the authority to:

a) For minor crimes in cases of immediate detection with clear evidence and identity of the offender, issue a decision to initiate a case, inspect the scene, search premises, take statements, seize and temporarily detain and preserve evidence and materials directly related to the case, request forensic examination if necessary, indict suspects, conduct other investigative measures as prescribed by the Criminal Procedure Code, conclude the investigation, and transfer the case file to the competent Procuracy within twenty days from the date of issuing the decision to initiate the case;

b) For serious, very serious, or particularly serious crimes, or minor crimes but complicated, issue a decision to initiate a case, inspect the scene, search premises, take statements, seize and temporarily detain and preserve evidence and materials directly related to the case; if it is deemed necessary to immediately prevent the suspect from fleeing, destroying evidence, or continuing the crime, promptly escort the suspect to the police agency and request an urgent arrest warrant from the competent authority; transfer the case file to the competent investigative agency within seven days from the date of issuing the decision to initiate the case;

c) apply preventive measures as prescribed by the Criminal Procedure Code.

2. The Director of the Border Surveillance Department, the Commander of the Provincial Border Guard, and the Head of the Border Post shall directly organize and direct investigation activities, decide on the assignment or change of deputy in charge of investigating criminal cases, check investigation activities, decide to amend or revoke decisions without basis and contrary to the law made by deputies, and resolve complaints according to the provisions of the Criminal Procedure Code.

When the Director of the Border Surveillance Department, the Commander of the Provincial Border Guard, and the Head of the Border Post are absent, a deputy authorized to perform the powers of the head as stipulated herein must bear responsibility before the head for the assigned tasks.

3. When assigned to investigate criminal cases, the Deputy Director of the Border Guard Investigation Bureau, the Deputy Commander of the Border Guard Force of provinces and centrally governed cities, and the Deputy Head of Border Guard Posts have the authority to apply the investigative measures prescribed in Clause 1 of this Article.

4. The Director, Deputy Director of the Border Guard Investigation Bureau, Commander, Deputy Commander of the Border Guard Force of provinces and centrally governed cities, Head, and Deputy Head of Border Guard Posts shall be responsible under the law for their actions and decisions.

Article 20. Investigative Powers of Customs

1. When performing tasks within their management domain and discovering crimes as stipulated in Articles 153 and 154 of the Penal Code, the Director of the Anti-Smuggling Investigation Bureau, the Director of the Post-Customs Clearance Inspection Bureau, the Director of Provincial, Interprovincial, and Centrally Governed City Customs Bureaus, and the Chief of Customs Branches at ports of entry have the right to:

a) For minor offenses where the crime is committed in person, evidence and the identity of the offender are clear, issue a decision to initiate a case, take statements, seize, temporarily detain, and preserve evidence and documents directly related to the case, search persons and places of storage within the customs control area, request forensic examination when necessary, indict suspects, conduct other investigative measures as prescribed by the Criminal Procedure Code, conclude the investigation, and transfer the case file to the competent Prosecutor's Office within twenty days from the date of issuing the decision to initiate the case;

b) For serious, very serious, extremely serious offenses, or minor offenses that are complex, issue a decision to initiate a case, take statements, seize, temporarily detain, and preserve evidence and documents directly related to the case, search persons and places of storage within the customs control area, and transfer the case file to the competent investigative agency within seven days from the date of issuing the decision to initiate the case.

2. The Director of the Anti-Smuggling Investigation Bureau, the Director of the Post-Customs Clearance Inspection Bureau, the Director of Provincial, Interprovincial, and Centrally Governed City Customs Bureaus, and the Chief of Customs Branches at ports of entry directly organize and direct investigative activities, decide on the assignment or change of deputy in criminal case investigations, inspect investigative activities, decide to change or revoke decisions without basis and contrary to the law made by deputies, and handle complaints according to the provisions of the Criminal Procedure Code.

When the Director of the Anti-Smuggling Investigation Bureau, the Director of the Post-Customs Clearance Inspection Bureau, the Director of Provincial, Interprovincial, and Centrally Governed City Customs Bureaus, and the Chief of Customs Branches at ports of entry are absent, a deputy authorized to perform the powers of the head as prescribed in this clause must bear responsibility before the head for the assigned tasks.

3. When assigned to investigate criminal cases, the Deputy Director of the Anti-Smuggling Investigation Bureau, the Deputy Director of the Post-Customs Clearance Inspection Bureau, the Deputy Director of Provincial, Interprovincial, and Centrally Governed City Customs Bureaus, and the Deputy Chief of Customs Branches at ports of entry have the authority to apply the investigative measures prescribed in Clause 1 of this Article.

4. The Director, Deputy Director of the Anti-Smuggling Investigation Bureau, the Director, Deputy Director of the Post-Customs Clearance Inspection Bureau, the Director, Deputy Director of Provincial, Interprovincial, and Centrally Governed City Customs Bureaus, and the Chief, Deputy Chief of Customs Branches at ports of entry shall be responsible under the law for their actions and decisions.

Article 21. Investigative Powers of Forest Rangers

1. When performing tasks within their management domain and discovering crimes as stipulated in Articles 175, 189, 190, 191, 240, and 272 of the Penal Code, the Director of the Forest Protection Bureau, the Chief of Forest Protection Branches, the Head of Forest Protection Stations, and the Head of Timber Inspection Stations have the right to:

a) For minor crimes in cases of immediate detection with clear evidence and identity of the offender, issue a decision to initiate a case, inspect the scene, search premises, take statements, seize and temporarily detain and preserve evidence and materials directly related to the case, request forensic examination if necessary, indict suspects, conduct other investigative measures as prescribed by the Criminal Procedure Code, conclude the investigation, and transfer the case file to the competent Procuracy within twenty days from the date of issuing the decision to initiate the case;

b) For serious, very serious, extremely serious offenses, or minor offenses that are complex, issue a decision to initiate a case, examine the scene, search premises, take statements, seize, temporarily detain, and preserve evidence and documents directly related to the case, and transfer the case file to the competent investigative agency within seven days from the date of issuing the decision to initiate the case.

2. The Director of the Forest Protection Bureau, the Chief of Forest Protection Branches, the Head of Forest Protection Stations, and the Head of Timber Inspection Stations directly organize and direct investigative activities, decide on the assignment or change of deputy in criminal case investigations, inspect investigative activities, decide to change or revoke decisions without basis and contrary to the law made by deputies, and handle complaints according to the provisions of the Criminal Procedure Code.

When the Director of the Forest Protection Bureau, the Chief of Forest Protection Branches, the Head of Forest Protection Stations, and the Head of Timber Inspection Stations are absent, a deputy authorized to perform the powers of the head as prescribed in this clause must bear responsibility before the head for the assigned tasks.

3. When assigned to investigate criminal cases, the Deputy Director of the Forest Protection Bureau, the Deputy Chief of Forest Protection Branches, and the Deputy Head of Timber Inspection Stations have the authority to apply the investigative measures prescribed in Clause 1 of this Article.

4. The Director, Deputy Director of the Forest Protection Bureau, the Chief, Deputy Chief of Forest Protection Branches, the Head, Deputy Head of Forest Protection Stations, and the Head, Deputy Head of Timber Inspection Stations shall be responsible under the law for their actions and decisions.

Article 22. Investigative Powers of the Coast Guard

1. Units under the Coast Guard when performing tasks within their management domain and discovering crimes as stipulated in Chapter XI and Articles 153, 154, 172, 183, 188, 194, 195, 196, 212, 213, 221, 223, 230, 231, 232, 236, 238, 273, and 274 of the Penal Code occurring in the waters and continental shelf of the Socialist Republic of Vietnam managed by the Coast Guard, the Director, Commandant of Regions, Squadron Commander, and Unit Commander of the Coast Guard have the right to:

a) For minor crimes in cases of immediate detection with clear evidence and identity of the offender, issue a decision to initiate a case, inspect the scene, search premises, take statements, seize and temporarily detain and preserve evidence and materials directly related to the case, request forensic examination if necessary, indict suspects, conduct other investigative measures as prescribed by the Criminal Procedure Code, conclude the investigation, and transfer the case file to the competent Procuracy within twenty days from the date of issuing the decision to initiate the case;

b) For serious, very serious, especially serious crimes, or less serious but complex crimes, issue a decision to initiate criminal proceedings, conduct on-site inspections, searches, take statements, seize, temporarily detain and preserve evidence and documents 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 criminal proceedings;

c) apply preventive measures as prescribed by the Criminal Procedure Code.

2. The Director of the Bureau, the Commander-in-Chief of the Region, the Captain of the Squadron, the Captain of the Team, and the Leader of the Coast Guard directly organize and direct investigative activities, decide on the assignment or change of deputy officers in criminal case investigations, inspect investigative activities, decide to change or revoke decisions without basis and contrary to the law made by deputy officers, handle complaints in accordance with the Criminal Procedure Code.

When the Director of the Bureau, the Commander-in-Chief of the Region, the Captain of the Squadron, the Captain of the Team, and the Leader of the Coast Guard are absent, a deputy authorized to perform the powers of the head as stipulated herein shall be responsible to the head for the assigned tasks.

3. When assigned to investigate criminal cases, the Deputy Director of the Bureau, the Deputy Commander-in-Chief of the Region, the Deputy Captain of the Squadron, the Deputy Captain of the Team, and the Deputy Leader of the Coast Guard have the right to apply the investigative measures provided for in Clause 1 of this Article.

4. The Director of the Bureau, the Deputy Director of the Bureau, the Commander-in-Chief of the Region, the Deputy Commander-in-Chief of the Region, the Captain of the Squadron, the Deputy Captain of the Squadron, the Captain of the Team, the Deputy Captain of the Team, the Leader of the Coast Guard, and the Deputy Leader of the Coast Guard must be responsible under the law for their actions and decisions.

Article 23. Investigative powers of other agencies of the Coast Guard force assigned to carry out certain investigative activities

1. The Highway Police Corps, the Waterway Police Corps, the Fire Prevention and Control Police Corps, the Administrative Management Police Corps, the Protection and Judicial Assistance Police Corps, the Highway Police Departments, the Waterway Police Departments, the Fire Prevention and Control Police Departments, the Administrative Management Police Departments, the Protection and Judicial Assistance Police Departments, and Detention Centers and Prisons, while performing their duties and discovering events indicating criminal offenses within the jurisdiction of the Investigation Police Agency as stipulated in Article 11 of this Ordinance, the Directors of the Highway Police Corps, the Waterway Police Corps, the Fire Prevention and Control Police Corps, the Administrative Management Police Corps, the Protection and Judicial Assistance Police Corps, the Heads of the Highway Police Departments, the Waterway Police Departments, the Fire Prevention and Control Police Departments, the Administrative Management Police Departments, the Protection and Judicial Assistance Police Departments, and the Wardens of Detention Centers and Prisons shall issue a decision to initiate criminal proceedings, take statements, conduct on-site inspections, searches, seize, temporarily detain and preserve evidence and documents directly related to the case, transfer the case file to the competent Investigation Police Agency within seven days from the date of issuing the decision to initiate criminal proceedings.

2. The Directors and Heads specified in Clause 1 of this Article, the Wardens of Detention Centers and Prisons directly organize and direct investigative activities, decide on the assignment or change of deputy officers in criminal case investigations, inspect investigative activities, decide to change or revoke decisions without basis and contrary to the law made by deputy officers, handle complaints in accordance with the Criminal Procedure Code.

When the Directors, Heads, Wardens of Detention Centers, and Wardens of Prisons are absent, a deputy authorized to perform the powers of the head as stipulated herein shall be responsible to the head for the assigned tasks.

3. When assigned to investigate criminal cases, the Deputy Directors, Deputy Heads, Deputy Wardens of Detention Centers, and Deputy Wardens of Prisons have the right to apply the investigative measures provided for in Clause 1 of this Article.

4. The Directors, Deputy Directors, Heads, Deputy Heads, Wardens, Deputy Wardens of Detention Centers, and Wardens, Deputy Wardens of Prisons must be responsible under the law for their actions and decisions.

Article 24. Investigative powers of other agencies of the Security Force assigned to carry out certain investigative activities

1. The Security Bureaus and Security Departments at provincial police levels directly combat the crimes stipulated in Article 12 of this Ordinance, while performing their duties and discovering events indicating criminal offenses, the Directors and Heads of the Security Departments at provincial police levels shall issue a decision to initiate criminal proceedings, take statements, conduct on-site inspections, searches, seize, temporarily detain and preserve evidence and documents directly related to the case; when it is necessary to immediately apprehend the person committing the crime to prevent them from fleeing, destroying evidence, or continuing the crime, they shall immediately bring that person to the police station and request an immediate arrest warrant from the competent authority; within seven days from the date of issuing the decision to initiate criminal proceedings, they must transfer the case file to the competent Security Investigation Agency.

The Security Teams at district police levels, while performing their duties and discovering events indicating criminal offenses within the jurisdiction of the Provincial Security Investigation Agency, shall immediately proceed to apprehend the person committing the crime who is fleeing, take statements, seize, temporarily detain and preserve evidence and documents directly related to the case, and immediately report to the Provincial Security Investigation Agency.

2. The Directors and Heads specified in Clause 1 of this Article directly organize and direct investigative activities, decide on the assignment or change of deputy officers in criminal case investigations, inspect investigative activities, decide to change or revoke decisions without basis and contrary to the law made by deputy officers, handle complaints in accordance with the Criminal Procedure Code.

When the Director of the Bureau, the Head of Security at the provincial police is absent, a deputy authorized to perform the powers of the head as stipulated in this clause shall assume such responsibilities and shall be accountable to the head for the tasks assigned.

3. When assigned to investigate criminal cases, the Deputy Director of the Bureau, the Deputy Head of Security at the provincial police shall have the authority to apply investigative measures prescribed in Clause 1 of this Article.

4. The Director, Deputy Director, Head, and Deputy Head of Security at the provincial police shall be accountable under the law for their actions and decisions.

Article 25. The investigative powers of other agencies within the People's Army assigned to carry out certain investigative activities

1. When performing their duties, the Warden of the Detention Center, the Warden of the Prison who discovers matters with signs of criminal offenses within the jurisdiction of the Criminal Investigation Agency that require criminal prosecution shall issue a decision to initiate a case, examine the scene, take statements, search, seize, temporarily detain and preserve evidence and materials directly related to the case, transfer the case file to the competent Criminal Investigation Agency within seven days from the date of issuing the decision to initiate the case.

When the Warden of the Detention Center, the Warden of the Prison is absent, a deputy authorized to perform the powers of the head as stipulated in this clause shall assume such responsibilities and shall be accountable to the head for the tasks assigned.

2. The head of an independent battalion-level unit or equivalent, upon discovering criminal acts within the jurisdiction of the Criminal Investigation Agency in the People's Army occurring in the unit's area of deployment, has the right to record the crime on the spot, take statements, search, seize, temporarily detain and preserve evidence and materials related to the case, apply preventive measures according to the Code of Criminal Procedure, immediately transfer the case file to the competent Criminal Investigation Agency.

3. The Warden of the Detention Center, the Warden of the Prison, the head of an independent battalion-level unit or equivalent shall be accountable under the law for their actions and decisions.

PART IV
RELATIONSHIP OF ASSIGNMENT AND COOPERATION IN
INVESTIGATIVE ACTIVITIES

Article 26. Relationship between Investigative Agencies and agencies assigned to carry out certain investigative activities

1. The relationship between Investigative Agencies with each other, between Investigative Agencies and agencies assigned to carry out certain investigative activities, and between agencies assigned to carry out certain investigative activities with each other is a relationship of assignment and cooperation in investigative activities.

Written requests of Investigative Agencies must be strictly implemented by agencies assigned to carry out certain investigative activities.

2. For matters with signs of criminal offenses but not yet clearly determined as to investigative jurisdiction, the Investigative Agency that discovers it first must immediately apply investigative measures according to the Code of Criminal Procedure; once the investigative jurisdiction is determined, the case shall be transferred to the Investigative Agency with the appropriate jurisdiction according to the Code of Criminal Procedure.

3. After initiating a case and applying preventive measures within their jurisdiction, agencies assigned to carry out certain investigative activities must immediately send these decisions to the Prosecutor's Office and inform the Investigative Agency with the appropriate jurisdiction.

4. Units of the People's Police, People's Security, Military Inspection have the responsibility to support and implement the requirements of the heads, deputy heads of Investigative Agencies, Investigators, and the heads, deputy heads of agencies assigned to carry out certain investigative activities during investigative activities.

Article 27. Delegation of Investigation

When necessary, Investigative Agencies may delegate another Investigative Agency to conduct certain investigative activities. The delegation decision must clearly specify the specific requirements. The delegated Investigative Agency has the responsibility to fully implement the delegated tasks within the time limit requested by the delegating Investigative Agency.

In the event that the delegated Investigative Agency cannot implement part or all of the delegated tasks, they must immediately notify in writing and provide the reasons to the delegating Investigative Agency.

Article 28. Resolution of Disputes over Investigative Jurisdiction

1. When there is a dispute over investigative jurisdiction among Investigative Agencies, the Prosecutor-in-Charge of the People's Procuratorate at the same level where the crime occurred or where the crime was discovered shall decide.

2. When there is a dispute over investigative jurisdiction among Border Guard, Customs, Forest Rangers, Coast Guard forces, the Prosecutor-in-Charge of the People's Procuratorate with the appropriate jurisdiction where the case occurred shall decide.

In case of necessity, the Investigative Agency with the appropriate jurisdiction has the right to request agencies assigned to carry out certain investigative activities to immediately transfer the case file for direct investigation. Requests of the Investigative Agency are binding for agencies assigned to carry out certain investigative activities.

CHAPTER V
STANDARDS, PROCEDURES FOR APPOINTMENT AND REMOVAL
INVESTIGATOR

Article 29. Article 1. INVESTIGATOR

Article 1. Clause 1. An investigator is a person appointed in accordance with the provisions of the law to perform the task of investigating criminal cases.

Article 30. Investigator Standards

1. A Vietnamese citizen who is loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, has good moral qualities, honesty, and integrity, holds a university degree in security, police, or law, possesses a professional investigation certificate, has practical work experience as prescribed by this Ordinance, and has sufficient health to complete assigned tasks may be appointed as an investigator.

In cases where there is a need for personnel, a person holding a university degree in other fields who meets all the above standards and possesses a professional investigation certificate may also be appointed as an investigator.

2. Investigators have three levels: Junior Investigator, Intermediate Investigator, and Senior Investigator:

a) A person meeting the criteria stipulated in Clause 1 of this Article, having at least four years of legal work experience, being a police officer, military officer on active duty, or a staff member of the People's Public Prosecutor Office, and capable of investigating crimes of lesser severity, severity, may be appointed as a Junior Investigator.

b) A person meeting the criteria stipulated in Clause 1 of this Article and having served as a Junior Investigator for at least five years, capable of investigating crimes of very high severity, extremely high severity, and able to guide the investigative activities of Junior Investigators may be appointed as an Intermediate Investigator.

In cases where there is a need for personnel, a person meeting the criteria stipulated in Clause 1 of this Article, having at least nine years of legal work experience, capable of investigating crimes of very high severity, extremely high severity, and able to guide the investigative activities of Junior Investigators may be appointed as an Intermediate Investigator.

c) A person meeting the criteria stipulated in Clause 1 of this Article and having served as an Intermediate Investigator for at least five years, capable of researching, compiling, and proposing measures to prevent and combat crime, capable of investigating complex crimes of very high severity, extremely high severity, and able to guide the investigative activities of Junior Investigators and Intermediate Investigators may be appointed as a Senior Investigator.

In cases where there is a need for personnel, a person meeting the criteria stipulated in Clause 1 of this Article and having at least fourteen years of legal work experience, capable of researching, compiling, and proposing measures to prevent and combat crime, capable of investigating complex crimes of very high severity, extremely high severity, and able to guide the investigative activities of Junior Investigators and Intermediate Investigators may be appointed as a Senior Investigator.

3. In special cases, a person transferred to work at the Investigation Agency by an authorized agency or organization, although not possessing an investigation professional certificate, and not meeting the time requirements specified in Point b or Point c of Clause 2 of this Article, but meeting all other criteria specified in Clause 1, Point b or Point c of Clause 2 of this Article, may also be appointed as an Intermediate Investigator or a Senior Investigator.

4. The term of office of an investigator is five years from the date of appointment.

Article 31. Investigator Selection Board

1. Investigator Selection Board for Senior Investigators, Intermediate Investigators, and Junior Investigators in the People's Police:

a) The Investigator Selection Board for Senior Investigators in the People's Police and Intermediate Investigators, Junior Investigators at the Investigation Agencies of the Ministry of Public Security consists of the Director-General of the General Department for Building the People's Police Force as Chairman, representatives of the Criminal Investigation Agency, Security Investigation Agency, Personnel-Cadre Department, and Legal Affairs Department of the Ministry of Public Security as members.

b) The Investigator Selection Board for Intermediate Investigators, Junior Investigators at the Investigation Agencies of provincial-level public security agencies and the Criminal Investigation Agencies of county-level public security agencies consists of the Director of the provincial-level public security agency as Chairman, representatives of the Criminal Investigation Agency, Security Investigation Agency, Personnel-Cadre Department, and Provincial Public Security Agency Office as members.

c) The list of members of the Investigator Selection Board in the People's Police is decided by the Minister of Public Security upon the proposal of the Chairman of the Investigator Selection Board.

2. Investigator Selection Board in the People's Army consists of the Chief of the Political Bureau as Chairman, representatives of the Criminal Investigation Agency, Security Investigation Agency, Cadre Department, and Legal Affairs Department of the Ministry of National Defense as members.

The list of members of the Investigator Selection Board in the People's Army is decided by the Minister of National Defense upon the proposal of the Chairman of the Investigator Selection Board.

3. Investigator Selection Board at the Supreme People's Procuracy consists of a Deputy Procurator of the Supreme People's Procuracy as Chairman, representatives of the Supervisory Committee of the Supreme People's Procuracy, Central Military Procuracy, Investigation Agency, and Personnel-Cadre Department of the Supreme People's Procuracy as members.

The Procurator of the Supreme People's Procuracy appoints a Deputy Procurator of the Supreme People's Procuracy as Chairman of the Investigator Selection Board. The list of members of the Investigator Selection Board at the Supreme People's Procuracy is decided by the Procurator of the Supreme People's Procuracy upon the proposal of the Chairman of the Investigator Selection Board.

Article 32. Duties and Powers of the Investigator Selection Board

The Investigator Selection Board has the following duties and powers:

1. To select persons meeting the criteria to become investigators based on the recommendation of the organizational-cadre work agency for the Chairman of the Board to propose to the Minister of Public Security, Minister of National Defense, or Procurator of the Supreme People's Procuracy to appoint them as investigators.

2. To review cases where investigators may be relieved of their duties or dismissed from their positions according to the provisions of Article 34 of this Ordinance for the Chairman of the Board to propose to the Minister of Public Security, Minister of National Defense, or Procurator of the Supreme People's Procuracy to relieve them of their duties or dismiss them from their positions as investigators.

Article 33. Matters that Investigators are not allowed to perform

Investigators shall not perform the following matters:

1. Matters prohibited for civil servants or members of the people's armed forces under the law;

2. Advising the accused, defendant, party involved, or other persons participating in the proceedings to cause the resolution of the case to deviate from legal regulations;

3. Illegally intervening in the resolution of cases or exploiting their influence to affect those responsible for resolving the case;

4. Removing case files or documents within the file out of the agency unless it is for assigned tasks or with the consent of authorized personnel;

5. Meeting with the accused, defendant, party involved, or other persons participating in the proceedings outside designated locations when they have jurisdiction over such cases.

Article 34. Appointment, removal, and dismissal of Investigator positions

1. The appointment, removal, dismissal, and issuance or revocation of Investigator certificates in the People's Public Security Force shall be decided by the Minister of Public Security, in the People's Army by the Minister of National Defense, and at the Supreme People's Procuracy by the Chief Prosecutor of the Supreme People's Procuracy.

2. An Investigator shall be automatically removed from the Investigator position upon retirement or transfer to another job.

An Investigator may be removed from the Investigator position due to health reasons, family circumstances, or other reasons deemed unable to ensure the completion of assigned tasks.

3. An Investigator shall automatically lose the Investigator position if convicted by a court judgment with legal effect or disciplined with the revocation of the title of People's Public Security Officer or military rank in the People's Army.

4. Depending on the nature and degree of violation, an Investigator may be dismissed from the Investigator position if they fall into one of the following situations:

a) Violating criminal investigation work;

b) Violating the provisions of Article 33 of this Ordinance;

c) Being disciplined with the dismissal of the managerial position currently holding according to the law on cadres and civil servants;

d) Violating moral and ethical standards.

đ) Committing other violations of the law.

Article 35. Appointment, removal, and dismissal of Heads and Deputy Heads of Investigation Agencies

1. Senior or mid-level Investigators who possess organizational and leadership capabilities in conducting investigations may be appointed as Heads or Deputy Heads of Investigation Agencies.

2. The appointment, removal, dismissal, and issuance or revocation of certificates for Heads and Deputy Heads of Investigation Agencies in the People's Public Security Force shall be decided by the Minister of Public Security, in the People's Army by the Minister of National Defense, and at the Supreme People's Procuracy by the Chief Prosecutor of the Supreme People's Procuracy.

Chapter VI
ENSURING THE OPERATIONS OF INVESTIGATION AGENCIES

Article 36. Treatment for Investigators

1. Investigators shall enjoy salaries, allowances, and other benefits as prescribed by law.

2. During the conduct of investigative activities, Investigators shall be given priority in purchasing tickets for public transportation means, exempted from bridge, ferry, road tolls, and traffic fees within cities and towns.

In urgent situations to prevent criminal acts, pursue criminals, or rescue victims, Investigators may use communication and transportation facilities of agencies, organizations, and individuals, including those operating such facilities, except for those of diplomatic missions, consular offices of foreign countries, representative offices of international organizations, and individuals enjoying diplomatic or consular privileges and immunities, and must immediately return them once the urgent situation ceases; in case of damage, the Investigation Agency shall bear compensation liability according to the law.

Article 37. Funding for investigative operations

1. Funding for investigative operations constitutes a portion of the state budget.

The preparation of budgets, management, allocation, utilization, and settlement of funding for investigative operations shall be carried out in accordance with the law on the state budget.

2. The State prioritizes investment in developing information technology and other means to ensure that Investigation Agencies effectively fulfill their functions and responsibilities.

Chapter VII
IMPLEMENTING PROVISIONS

Article 38. Implementation Provisions

This Ordinance replaces the Criminal Investigation Organization Ordinance dated April 4, 1989.

The Government and the Supreme People's Procuracy within their respective mandates are responsible for detailing and guiding the implementation of this Ordinance./.