Decree No. 258/SL stipulates the organization of Military Police during the resistance period

DECREE

NUMBER 258/SL ON NOVEMBER 19, 1948

CHAIRMAN OF THE VIETNAM DEMOCRATIC REPUBLICIC GOVERNMENT

Pursuant to Decree No. 34 dated March 25, 1946 and Decree No. 35/SL dated March 19, 1947 organizing the Ministry of National Defense;

- Decree No. 165 dated June 23, 1946 organizing the Military Court;

- Decree No. 19/SL dated February 16, 1947 organizing the Military Courts of Zones;

- Decree No. 45/SL dated April 25, 1947 organizing the Supreme Military Court;

- Decree No. 59/SL dated July 5, 1947 organizing the Central Military Court;

- Decree No. 40 dated March 29, 1946 on ensuring personal freedom and other decrees amending that decree;

- Decree No. 131 dated July 20, 1946 organizing the Public Security Judiciary;

At the proposal of the Minister of National Defense and the Minister of Justice;

After the Government Council has decided and after the Standing Committee of the National Assembly has agreed;

ISSUES THE DECREE:

Article 1

The organization of Military Public Security during the resistance period is stipulated as follows:

Article 2

Military Public Security shall have the following tasks:

1- Investigate all criminal acts within the jurisdiction of military courts, collect evidence, and detain those who commit crimes to hand over to the Military Court for trial.

2- Enforce orders and judgments of the Military Court.

Article 3

Military Public Security consists of Military Public Security Officers, Military Public Security Commissioners, and Military Public Security Agents.

- Military Public Security Officers are members of the Government Commission and Associate Judges of Military Courts.

- Military Public Security Commissioners are Commanders of the National Army from Company Commanders upwards.

- Military Public Security Agents are military personnel under the command of Military Public Security Officers or Commissioners, and appointed by them to perform Military Public Security duties.

- Military Public Security Officers and Commissioners must take an oath before assuming their duties. Military Public Security Officers take the oath before the Minister of National Defense, and Military Public Security Commissioners take the oath before the Military Court of the Zone. In cases where Military Public Security Officers have already taken the oath as Government Commissioners of the Military Court, they do not need to retake it. In special circumstances where communication is extremely difficult, these officials may submit an oath letter.

Article 4

Officials managing central agencies of the Ministry of National Defense at level II grade I and above (Decree No. 57-NĐ/CB dated August 16, 1947) may themselves or request Military Public Security agents to perform Military Public Security duties regarding a crime occurring in the agency they manage or when their staff commits a crime.

Article 5

All Military Public Security agents, in terms of Military Public Security, are directly under the control of the Military Public Security Bureau Chief.

Within each Zone's jurisdiction, Military Public Security agents, in terms of Military Public Security, are directly under the control of the Government Commissioner in the Military Court of that Zone.

The Military Public Security Bureau Chief, in administrative matters, has the right to propose to the Minister of National Defense rewards and punishments for Military Public Security agents.

Article 6

Military Public Security Officers have the right to:

- Receive complaints or accusations

- Prepare minutes

- Take statements from suspects and persons with knowledge of the crime

- Search houses and seize evidence according to the procedures set out in Articles 14 and 15 of this decree.

Article 7

In cases of immediate apprehension of a crime, any Military Police officer (responsible, Commissioner, or Police Officer) or any citizen has the right to arrest the criminal, regardless of whether the criminal is a military personnel or a civilian.

Article 8

In cases not involving immediate apprehension, a Military Police Commissioner has the authority to conduct preliminary investigations into crimes within the jurisdiction of the Military Court and submit the case file to the Government Commissioner.

Article 9

Except for immediate apprehension cases and special cases mentioned in Article 10 of this Decree, a Military Police Commissioner does not have the right to detain anyone without a written order from the responsible Military Police officer.

Article 10

In important and particularly necessary cases such as when there is suspicion of espionage against military agencies, a Military Police Commissioner may issue a written order to detain the suspect, but must report to the Government Commissioner of the Military Court and the local primary judge within 48 hours, and must submit the entire case file along with the suspect to the Government Commissioner within five days.

Article 11

Within their scope of authority, the responsible Military Police officer, and in special cases as stated in Article 10 above, the Military Police Commissioner, when issuing an arrest warrant:

a) The operational order must clearly state the reason for the arrest,

b) The operational order must be written in two copies: the person executing the operational order is obligated to hand over a copy to the relative of the arrested person or the local People's Committee for Administrative Justice.

Article 12

Government Commissioners of Military Courts have the power to hold suspects as provided for in the Military Court (Decree No. 68 dated July 26, 1947).

Appeals against temporary detention orders shall follow the procedures applicable to Military Courts.

Article 13

Investigating a crime within the jurisdiction of the Military Court is the responsibility of the responsible and Military Police Commissioner nearest to where the crime occurred.

If Military Police officers are not present at the scene, the responsible and Military Police Commissioners can perform the work and send the criminal's case file to the Military Court.

Article 14

Whenever conducting a house search, Military Police officers must follow the procedure established in Decree No. 131 dated July 20, 1946 on the organization of Military Police Justice.

Article 15

A house search record is only valid if:

a) The Government Commissioner or Preliminary Judge of the Military Court accompanies the Prosecutor or a Prosecutor's clerk.

b) The Military Police Commissioner accompanies the Chairman of the local People's Committee for Administrative Justice or a member of that committee.

c) The Military Police Officer carries a written order from the responsible officer or Military Police Commissioner and is accompanied by two citizens. These two citizens should be chosen from relatives of the person whose house is being searched or neighbors.

Article 16

All records and documents collected by Military Police officers must be submitted to the Government Commissioner of the Military Court. Only these officials have the authority to temporarily suspend a matter or bring it to trial.

Article 17

Regulations under the scope of Military Police Justice and ensuring individual freedom contrary to this Decree shall not be enforced within the Military Police.

Article 18

The Minister of National Defense and the Minister of Justice shall implement this Decree.

                                                                                                                       Ho Chi Minh

                                                                                          (Signed)