Circular No. 26/2018/TT-BCA amending and supplementing some articles of Circular No. 56/2017/TT-BCA dated November 16, 2017, issued by the Minister of Public Security on the allocation of Heads and Deputy Heads of Investigation Agencies and criminal investigation powers within the People's Police and the Investigation Departments under the Provincial Public Security Offices.

CIRCULAR
Amending and supplementing certain provisions of Circular No. 56/2017/TT-BCA dated November 16, 2017 issued by the Minister of Public Security on the allocation of heads and deputy heads of investigation agencies and criminal investigation powers within the People's Public Security and investigation teams under the Criminal Police Investigation Department at the provincial level public security agency
Pursuant to the Penal Code 2015 (amended and supplemented in 2017) dated June 20, 2017;
Pursuant to the Law on the People's Public Security dated November 27, 2014;
The Minister of Public Security promulgates this Circular amending and supplementing certain provisions of Circular No. 56/2017/TT-BCA dated November 16, 2017 issued by the Minister of Public Security on the allocation of heads and deputy heads of investigation agencies and criminal investigation powers within the People's Public Security and investigation teams under the Criminal Police Investigation Department at the provincial level public security agency.
Article 1. Amending and supplementing certain provisions of Circular No. 56/2017/TT-BCA dated November 16, 2017 issued by the Minister of Public Security on the allocation of heads and deputy heads of investigation agencies and criminal investigation powers within the People's Public Security and investigation teams under the Criminal Police Investigation Department at the provincial level public security agency.

Pursuant to the Criminal Procedure Code dated November 27, 2015;

Article 3. Allocation of heads and deputy heads of the Criminal Police Investigation Department under the Ministry of Public Security

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

1. The Deputy Minister of Public Security responsible for the traffic police force shall be the head of the Criminal Police Investigation Department under the Ministry of Public Security.

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Department of Legal Affairs and Administrative Reform and Justice;

2. The Director of the Office of the Criminal Police Investigation Department under the Ministry of Public Security shall be the permanent deputy head of the Criminal Police Investigation Department under the Ministry of Public Security; one Deputy Director of the Office of the Criminal Police Investigation Department under the Ministry of Public Security shall be a deputy head of the Criminal Police Investigation Department under the Ministry of Public Security.

3. The Director and one Deputy Director of the Criminal Investigation Police Bureau; the Director and one Deputy Director of the Criminal Police Bureau investigating drug-related crimes shall be deputy heads of the Criminal Police Investigation Department under the Ministry of Public Security.

1. Clause 3 shall be amended and supplemented as follows:

“4. The Director of the Criminal Police Bureau investigating corruption, economic, and smuggling crimes shall be a deputy head of the Criminal Police Investigation Department under the Ministry of Public Security.”

2. Clause 3 of Article 6 shall be amended and supplemented as follows:

“3. Conducting investigations into criminal cases within the jurisdiction of the Criminal Police Investigation Department under the Ministry of Public Security regarding offenses prescribed in Chapter XVIII, Chapter XIX, Chapter XXIII, Articles 174, 175, 176, 177, 178, 179, 180 of Chapter XVI (in cases where the perpetrator abuses the legal status of an organization, institution, or enterprise to enter into economic contracts to commit crimes) and Article 324 of Chapter XXI of the Penal Code 2015 (amended and supplemented in 2017) (except those cases within the jurisdiction of the investigative agency of the Supreme People's Procuratorate).”

3. Clause 5 of Article 6 shall be amended and supplemented as follows:

“5. Supervising, guiding, and directing the resolution of special cases and criminal cases initiated by the Provincial Public Security Agency's Anti-Corruption, Economic Crime, and Smuggling Investigation Division upon request for opinions.”

4. Clause 5 of Article 9 shall be amended and supplemented as follows:

“5. The Head of the Anti-Corruption, Economic Crime, and Smuggling Investigation Division of the Provincial Public Security Agency shall be a deputy head of the Criminal Police Investigation Department of the Provincial Public Security Agency.”

5. Clauses 7, 8, and 9 of Article 10 shall be amended and supplemented as follows:

“6. Reviewing criminal cases within the jurisdiction of the Criminal Police Investigation Department of the Provincial Public Security Agency according to the allocation by the head of the Criminal Police Investigation Department of the Provincial Public Security Agency.

8. Managing the seal of the Criminal Police Investigation Department of the Provincial Public Security Agency.”

6. Clause 3 of Article 12 shall be amended and supplemented as follows:

“3. Conducting investigations into criminal cases within the jurisdiction of the Criminal Police Investigation Department of the Provincial Public Security Agency regarding offenses prescribed in Chapters XVIII, XIX, and XXIII, Articles 174, 175, 176, 177, 178, 179, 180 of Chapter XVI (in cases where the perpetrator abuses the legal status of an organization, institution, or enterprise to enter into economic contracts to commit crimes) and Article 324 of Chapter XXI of the Penal Code 2015 (amended and supplemented in 2017) (except those cases within the jurisdiction of the investigative agency of the Supreme People's Procuratorate).”

7. Clause 1 of Article 22 shall be amended and supplemented as follows:

7. Directly implementing judicial assistance requests and extradition in cases falling within the functions and responsibilities of the Provincial Police Investigation Agency.

“1. The Deputy Minister of Public Security responsible for the security forces shall be the head of the Security Investigation Department under the Ministry of Public Security.”

8. Article 25 shall be amended and supplemented as follows:

Duties and powers of investigation of the agencies of the People's Public Security assigned to conduct some investigative activities

1. Duties and powers of the Traffic Police Bureau, Traffic Police Division (Traffic Police Division - Railway Traffic, Waterway Traffic Police Division or Traffic Police Division for provinces not establishing a Traffic Police Division - Railway Traffic or Waterway Traffic Police Division):

a) When performing duties and discovering events with signs of crime or receiving reports and accusations of crime as stipulated in Articles 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, and 281 of Part I of Chapter XXI of the Penal Code 2015 (amended and supplemented in 2017) or events occurring on waterways with signs of crime within the jurisdiction of the Criminal Police Investigation Department, the Director of the Traffic Police Bureau shall perform the duties and powers set out in Article 38 of the Law on the Organization of Investigative Agencies 2015 for these crimes;

b) When performing duties and discovering events with signs of crime or receiving reports and accusations of crime as stipulated in Articles 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, and 281 of Part I of Chapter XXI of the Penal Code 2015, the Head of the Provincial Public Security Agency's Road Traffic and Railway Traffic Police Division shall perform the duties and powers set out in Article 38 of the Law on the Organization of Investigative Agencies 2015 for these crimes;

“Article 25. c) When performing duties and discovering events with signs of crime or receiving reports and accusations of crime occurring on waterways with signs of crime within the jurisdiction of the Criminal Police Investigation Department, the Head of the Provincial Public Security Agency's Waterway Traffic Police Division shall perform the duties and powers set out in Article 38 of the Law on the Organization of Investigative Agencies 2015 for these crimes;

1. Duties and powers of the Traffic Police Department, Traffic Police Office (Road Traffic Police Office - Railway Traffic Police Office, Waterway Traffic Police Office, or Traffic Police Office for provinces that have not established a Road Traffic Police Office - Railway Traffic Police Office or a Waterway Traffic Police Office):

a) The Traffic Police Department, while performing its duties, if it discovers incidents with signs of criminal offenses or receives reports or accusations of criminal offenses as stipulated in Articles 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, and 281 of Section 1 Chapter XXI of the Criminal Code 2015 (amended and supplemented in 2017), or incidents occurring on waterways with signs of criminal offenses within the jurisdiction of the Investigation Agency, the Director of the Traffic Police Department shall perform the duties and powers set forth in Article 38 of the Law on Organization of Investigative Agencies 2015 regarding these criminal offenses;

b) The Provincial Public Security Traffic Police Office (Road Traffic Police Office - Railway Traffic Police Office), while performing its duties, if it discovers incidents with signs of criminal offenses or receives reports or accusations of criminal offenses as stipulated in Articles 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, and 281 of Section 1 Chapter XXI of the Criminal Code 2015, the Head of the Provincial Public Security Traffic Police Office (Road Traffic Police Office - Railway Traffic Police Office) shall perform the duties and powers set forth in Article 38 of the Law on Organization of Investigative Agencies 2015 regarding these criminal offenses;

c) The Provincial Public Security Waterway Traffic Police Office, while performing its duties, if it discovers incidents with signs of criminal offenses or receives reports or accusations of criminal offenses occurring on waterways with signs of criminal offenses within the jurisdiction of the Investigation Agency, the Head of the Provincial Public Security Waterway Traffic Police Office shall perform the duties and powers set forth in Article 38 of the Law on Organization of Investigative Agencies 2015 regarding these criminal offenses;

d) The Provincial Traffic Police Department (for provinces that have not established a Road Traffic Police Department or Inland Waterway Police Department) shall perform tasks and powers as prescribed in points b and c of Clause 1 of this Article.

2. The Fire Prevention and Fighting, Search and Rescue Service Bureau; the Provincial Fire Prevention and Fighting, Search and Rescue Service Department while performing their duties, if they discover events with signs of crimes stipulated in Articles 305, 307, 311, 312, and 313 of the 2015 Criminal Code (amended in 2017), then the Director of the Fire Prevention and Fighting, Search and Rescue Service Bureau; the Head of the Provincial Fire Prevention and Fighting, Search and Rescue Service Department shall perform tasks and powers as prescribed in Article 38 of the 2015 Law on the Organization of Investigative Agencies for these crimes.

3. Prisons, while performing their duties, if they discover crimes related to detention management or discover persons serving custodial sentences committing crimes within the jurisdiction of the Criminal Police Investigation Agency under the Ministry of Public Security, then the Warden of the Prison shall perform tasks and powers as prescribed in Article 38 of the 2015 Law on the Organization of Investigative Agencies for these crimes.

4. The Environmental Crime Prevention and Suppression Service Bureau; the Environmental Crime Prevention and Suppression Service Department while performing their duties, if they discover events with signs of crimes stipulated in Chapter XIX and Articles 193, 194, 195, 227, 228, 229, 232, 233, 234, 315, and 317 of the 2015 Criminal Code (amended in 2017), then the Director of the Environmental Protection Service Bureau; the Head of the Environmental Crime Prevention and Suppression Service Department shall perform tasks and powers as prescribed in Article 38 of the 2015 Law on the Organization of Investigative Agencies for these crimes.

5. The Cybersecurity and High-Tech Crime Prevention Service Bureau; the Provincial Cybersecurity and High-Tech Crime Prevention Service Department while performing their duties, if they discover events with signs of crimes stipulated in Chapter XIII, Chapter XXVI, Section 2 of Chapter XXI, and crimes stipulated in Articles 207, 208, 282, 283, 284, 299, 300, 303, 304, 305, 309, 337, 338; 174, 206, 217a, 225, 321, 326, and 328 (where the criminal acts are related to the use of the Internet, computer networks, telecommunications networks, electronic devices) of the 2015 Criminal Code (amended in 2017), then the Director of the Cybersecurity and High-Tech Crime Prevention Service Bureau; the Head of the Provincial Cybersecurity and High-Tech Crime Prevention Service Department shall decide to initiate criminal investigations, take statements, examine crime scenes, search premises, seize, temporarily detain, and preserve evidence directly related to the case, transfer the case file to the competent investigative agency within seven days from the date of the decision to initiate the investigation.

6. The Immigration Management Service Bureau; the Provincial Immigration Management Service Department while performing their duties, if they discover events with signs of crimes stipulated in Articles 347, 348, 349, and 350 of the 2015 Criminal Code (amended in 2017), then the Director of the Immigration Management Service Bureau; the Head of the Provincial Immigration Management Service Department shall perform tasks and powers as prescribed in Article 37 of the 2015 Law on the Organization of Investigative Agencies for these crimes.

7. Other security service bureaus at the Ministry of Public Security; other provincial-level security service departments directly combating crimes while performing their duties, if they discover events with signs of crimes stipulated in Chapter XIII, Chapter XXVI, and crimes stipulated in Articles 207, 208, 282, 283, 284, 299, 300, 303, 304, 305, 309, 337, and 338 of the 2015 Criminal Code (amended in 2017), then the Directors; the Heads of the provincial-level security service departments shall perform tasks and powers as prescribed in Article 37 of the 2015 Law on the Organization of Investigative Agencies for these crimes.

8. The Security Team at the Provincial Public Security Department, while performing their duties, if they discover events with signs of crimes within the jurisdiction of the Provincial Security Investigation Agency, shall immediately pursue and arrest suspects who are fleeing, take statements, seize, temporarily detain, and preserve evidence directly related to the case, and report to the Provincial Security Investigation Agency.

9. Supplement Clause 2a and Clause 2b to Article 27 as follows:

“2a. Tasks and powers assigned based on the provisions of Article 7 and Article 13 of Circular No. 56/2017/TT-BCA dated November 16, 2017, of the Minister of Public Security on the assignment of heads and deputy heads of investigative agencies, criminal investigation authority in the public security system, and investigative teams under the provincial-level Criminal Police Investigation Departments which have not been completed by August 6, 2018, shall transfer the files to the competent investigative agency to continue handling according to the law.

2b. Tasks and powers to investigate criminal cases of provincial-level fire prevention and fighting services; the High-Tech Crime Prevention Service Bureau, and the Provincial High-Tech Crime Prevention Service Department as prescribed in Clause 2 and Clause 5 of Article 25 of Circular No. 56/2017/TT-BCA dated November 16, 2017, of the Minister of Public Security on the assignment of heads and deputy heads of investigative agencies, criminal investigation authority in the public security system, and investigative teams under the provincial-level Criminal Police Investigation Departments which have not concluded investigations by August 6, 2018, shall transfer the case files to the competent investigative agency to continue handling according to the law.”

Article 2.

1. Repeal Article 7, Article 13, Article 26, and Article 29.

2. Replace the phrase "Criminal Investigation Bureau for Corruption, Economic and Administrative Offenses" with the phrase "Criminal Investigation Bureau for Corruption, Economic and Smuggling Offenses" in Clause 3 of Article 4, Clause 3 of Article 5, and the title of Article 6.

3. Replace the phrase "Criminal Investigation Department for Corruption, Economic and Administrative Offenses" with the phrase "Criminal Investigation Department for Corruption, Economic and Smuggling Offenses" in Clause 5 of Article 7, Clause 3 of Article 11, and the title of Article 12.

4. Replace the phrase "General Bureau of Police" with the phrase "Office of the Investigation Agency under the Ministry of Public Security" and replace the phrase "General Political Department of the People's Public Security Force" with the phrase "Cadre and Organization Department" in Article 15.

5. Replace the phrase "General Security Bureau" with the phrase "Investigation Security Service" in Article 24.

This Circular takes effect from December 25, 2025/.

1. The Investigation Bureau of the Ministry of Public Security and the Office of the Ministry of Public Security's Criminal Investigation Department shall be responsible for coordinating with relevant units to monitor, inspect, and guide the implementation of this Circular.

2. Heads of subordinate units under the Ministry and Directors of provincial police forces are responsible for organizing the implementation of this Circular.

Article 4. Effective date

1. This Circular shall take effect from August 10, 2018.

2. In the course of implementing this Circular, if there are any difficulties, local public security agencies shall report to the Ministry (through the Investigation Security Service under the Ministry of Public Security, the Office of the Investigation Agency under the Ministry of Public Security, and the Legal System and Administrative Reform Department under the Ministry of Public Security) for timely guidance.