Circular No. 28/2014/TT-BCA on criminal investigation work in the People's Public Security Force

This Decision stipulates the tasks and powers of the Heads, Deputy Heads of Investigation Agencies, Investigators, and Investigative Officers in criminal investigation activities. It emphasizes adherence to Party directives and laws related to criminal investigation work, as well as enhancing political, legal, language proficiency, and investigative skills.

文号28/2014/TT-BCA
文件类型Circular
发布机关Ministry of Public Security
签署人Đại Tướng Trần Đại Quang — Bộ trưởng
更新19/06/2026
行业Public Security
领域Uncategorized
发布日期07/07/2014
生效日期25/08/2014
失效日期01/01/2018
状态Expired
✦ 智能摘要

This Decision stipulates the tasks and powers of the Heads, Deputy Heads of Investigation Agencies, Investigators, and Investigative Officers in criminal investigation activities. It emphasizes adherence to Party directives and laws related to criminal investigation work, as well as enhancing political, legal, language proficiency, and investigative skills.

适用范围

Heads, Deputy Heads of Investigation Agencies, Investigators, and Investigative Officers in the People's Public Security Force

要点

  • Must adhere to Party directives and laws related to criminal investigation work.
  • Enhance political, legal, language proficiency, and investigative skills.
  • Carry out properly all instructions, orders, and decisions of the Head of the Investigation Agency.
  • Apply all lawful measures to ascertain the truth of the case objectively, comprehensively, and fully.
  • Assist Investigators in conducting investigative activities.

🌐 本文件的社会影响

  • Improve the effectiveness of criminal investigation work.
  • Ensure the rights of citizens during the litigation process.
  • Strengthen discipline and legal system within the People's Public Security Force.

❓ 常见问题

What are the duties of the Heads and Deputy Heads of Investigation Agencies?

Must strictly implement all Party directives, legal provisions, and regulations of the Ministry of Public Security related to criminal investigation work; regularly study and enhance their political, legal, language proficiency, investigative skills, and necessary specialized knowledge in areas relevant to criminal investigation and crime handling.

What are the responsibilities of Investigators and Investigative Officers?

Properly carry out instructions, orders, and decisions of the Head of the Investigation Agency; apply all lawful measures to ascertain the truth of the case objectively, comprehensively, and fully.

全文

MINISTRY OF PUBLIC SECURITY

____________

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

______________________

Number: 28/2014/TT-BCA

Hanoi, July 7, 2014

CIRCULAR

Regulations on criminal investigation work in the People's Public Security

_________________________

Pursuant to the Law on Legislative Documents of 2008;

Pursuant to the Criminal Procedure Code 2003;

Based on the Criminal Investigation Organization Ordinance 2004 (amended and supplemented in 2006, 2009);

Based on Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security; Decree No. 21/2014/NĐ-CP dated March 25, 2014 of the Government amending and supplementing Article 3 of Decree No. 77/2009/NĐ-CP dated September 15, 2009;

At the proposal of the Director of the Legal Reform and Administrative Reform Department,

The Minister of Public Security issues this Circular to regulate criminal investigation work in the People's Public Security.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the implementation of certain provisions of the 2003 Criminal Procedure Code, the Criminal Investigation Organization Ordinance 2004 (amended and supplemented in 2006, 2009 - collectively referred to as the Criminal Investigation Organization Ordinance 2004) regarding the tasks and powers of the Investigative Agency within the People's Public Security, other agencies of the People's Public Security assigned to conduct certain investigative activities, village-level public security agencies, police stations, and police posts (collectively referred to as village-level public security agencies); criminal investigation activities of the heads and deputy heads of the Investigative Agency, the heads and deputy heads of other agencies assigned to conduct certain investigative activities, investigators, and investigative officers belonging to the People's Public Security force.

Article 2. Applicability

This Circular applies to:

1. Investigative Agencies within the People's Public Security; other agencies of the People's Public Security assigned to conduct certain investigative activities; village-level public security agencies, police stations, and police posts;

2. Heads and deputy heads of Investigative Agencies, heads and deputy heads of other agencies assigned to conduct certain investigative activities, investigators, and investigative officers belonging to the People's Public Security force;

3. Agencies, organizations, and individuals related to the activities of receiving and handling reports of crimes, information about crimes, and requests for prosecution and criminal investigation activities conducted by Investigative Agencies within the People's Public Security, other agencies of the People's Public Security assigned to conduct certain investigative activities that have taken over and resolved;

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. A clear-object crime case is a criminal case with evidence to determine that one or more individuals have committed a criminal act.

2. An unclear-object crime case is a criminal case without evidence to determine the individual(s) who committed the criminal act.

3. Serious crime refers to criminal cases involving offenses under Articles 93, 95, 96; particularly serious offenses under Articles 104, 111, 112, 113, 114, 133, 134, 135 of the Penal Code 1999 (amended and supplemented in 2009 - collectively referred to as the Penal Code 1999).

Article 4. Principles of criminal investigation activities in the People's Public Security

1. Compliance with the Constitution and laws; respect for the interests of the State, human rights, and legitimate rights and interests of agencies, organizations, and individuals.

2. Respect for the truth, ensuring speed, accuracy, objectivity, and comprehensiveness; identifying and clarifying evidence of guilt and innocence, aggravating and mitigating circumstances of criminal responsibility of those who commit criminal acts; not allowing crimes to go unpunished and not wrongfully convicting innocent people.

3. Only Investigative Agencies and agencies assigned to conduct certain investigative activities as stipulated in this Circular may conduct criminal investigations.

Lower-level Investigative Agencies must follow the guidance and directives of higher-level Investigative Agencies.

4. Heads and deputy heads of Investigative Agencies, investigators; heads and deputy heads of agencies assigned to conduct certain investigative activities must be responsible to their superiors and the law for all their actions and decisions.

5. Competence to handle reports of crimes, information about crimes, and requests for prosecution is determined according to the competence to investigate.

Article 5. Review of Criminal Cases

1. Review of criminal cases is an activity of the Head of the Investigation Agency aimed at studying and examining the content, procedure, process, and results of criminal case investigations through case files to assess and draw conclusions on the legality, completeness of collected evidence, impartiality, objectivity, and accuracy of orders and decisions made during the prosecution process, thereby proposing measures to address deficiencies and gaps in the investigation process; simultaneously, drawing lessons to propose solutions to improve the quality and effectiveness of criminal investigation work.

The review may be conducted during the investigation phase or after the conclusion of the criminal case investigation.

Review materials shall not be included in the criminal case file.

2. The review of criminal cases must ensure the following principles:

a) Ensuring truthfulness, impartiality, objectivity, comprehensiveness, completeness, promptness, timeliness, and confidentiality as prescribed by law;

b) Respecting and protecting human rights, legitimate rights and interests of organizations and individuals.

3. The Head of the Investigation Agency may decide to review a criminal case if there is one of the following grounds:

a) There are signs of lack of objectivity, corruption, or distortion of the case file;

b) There are signs of overlooking crimes or wrongfully accusing innocent persons;

c) There are signs of serious violations of procedural rules;

d) The People's Procuracy refuses to approve or revoke orders and decisions of the Investigation Agency;

đ) The People's Procuracy, People's Court returns the file requesting supplementary investigation due to overlooking crimes or serious violations of procedural rules;

e) The case requires re-investigation;

g) Other cases where the Head of the Investigation Agency deems it necessary to conduct a review.

4. Authority to decide on review:

a) The Head of the Security Investigation Agency of the Ministry of Public Security decides to review criminal cases investigated by security investigation agencies within the People's Public Security;

b) The Head of the Police Investigation Agency of the Ministry of Public Security decides to review criminal cases investigated by police investigation agencies within the People's Public Security;

c) The Head of the Security Investigation Agency of the provincial public security agency (referred to collectively as the provincial public security agency) decides to review criminal cases investigated by the Security Investigation Agency of the provincial public security agency;

d) The Head of the Police Investigation Agency of the provincial public security agency decides to review criminal cases investigated by the Police Investigation Agency of the provincial public security agency, Police Investigation Agency of the district, town, city under province (referred to collectively as the district-level public security agency);

đ) The Head of the Police Investigation Agency of the district-level public security agency decides to review criminal cases investigated by the Police Investigation Agency of the district-level public security agency.

Chapter II
TASKS AND POWERS OF THE POLICE INVESTIGATION AGENCY IN CRIMINAL INVESTIGATIVE ACTIVITIES
POLICE INVESTIGATION AGENCY AND UNITS BELONGING TO THE POLICE INVESTIGATION AGENCY OF THE MINISTRY OF PUBLIC SECURITY

Section 1
Article 6. Police Investigation Agency of the Ministry of Public Security
1. Tasks and powers of the Police Investigation Agency of the Ministry of Public Security in criminal investigative activities:

a) Organizing criminal duty shifts, receiving reports of criminal offenses and requests for prosecution initiation, classifying and immediately transferring them to competent authorities for resolution; directly resolving reports of criminal offenses and requests for prosecution initiation within the jurisdiction of the Police Investigation Agency of the Ministry of Public Security;

b) Conducting investigations into serious and complex criminal cases involving multiple regions or foreign elements within the jurisdiction of the Police Investigation Agency of the provincial public security agency but deemed necessary to investigate directly;

c) Implementing inspections, guidance, and direction of investigative procedures and compliance with laws in the reception, resolution of reports of criminal offenses and requests for prosecution initiation, and investigative and criminal handling work of police investigation agencies at the provincial and district levels; guiding other units of the People's Public Security assigned tasks to conduct certain investigative activities;

d) Proposing measures to relevant departments, state agencies, and social organizations to address causes and conditions that lead to criminal offenses;

đ) Organizing mid-term and final reviews of the reception, resolution of reports of criminal offenses and requests for prosecution initiation, and investigative and criminal handling work within the jurisdiction of the Police Investigation Agency in the People's Public Security;

e) Inspecting compliance with criminal procedure laws in the management of detention at temporary detention centers and holding houses (excluding those under the Security Investigation Agency of the Ministry of Public Security);

g) Resolving complaints about decisions, prosecution actions, or content of accusations regarding violations of law by investigators and Deputy Heads of the Police Investigation Agency of the Ministry of Public Security according to criminal procedure laws.

2. Heads and Deputy Heads of the Police Investigation Agency of the Ministry of Public Security:

a) The Director of the Criminal Police Department is the Head of the Police Investigation Agency of the Ministry of Public Security;

b) One Deputy Director of the Criminal Police Department is the Deputy Head in charge of the Police Investigation Agency of the Ministry of Public Security;

c) One Deputy Director of the Criminal Police Department responsible for the representative office of the Criminal Police Department in Ho Chi Minh City is the Deputy Head of the Police Investigation Agency of the Ministry of Public Security;

d) The Chief of the Office and one Deputy Chief of the Office of the Police Investigation Agency of the Ministry of Public Security (responsible for the representative office in Ho Chi Minh City) are Deputy Heads of the Police Investigation Agency of the Ministry of Public Security;

đ) Directors of the following bureaus: Social Order Crime Investigation Bureau, Drug Crime Investigation Bureau, Economic Management and Official Position Crime Investigation Bureau, Corruption Crime Investigation Bureau are Deputy Heads of the Police Investigation Agency of the Ministry of Public Security.

d) The Director of the Office and one Deputy Director of the Investigation Department of the Ministry of Public Security (responsible for the representative office in Ho Chi Minh City) shall be Deputy Heads of the Investigation Department of the Ministry of Public Security;

e) The Directors of the following bureaus: Social Order Crimes Investigation Bureau, Drug-related Crimes Investigation Bureau, Economic Management and Official Crimes Investigation Bureau, Corruption Crimes Investigation Bureau shall be Deputy Heads of the Investigation Department of the Ministry of Public Security.

Article 7. Tasks and Authorities of the Office of the Criminal Investigation Agency under the Ministry of Public Security in criminal investigation activities

1. Organize criminal duty shifts, receive reports of crimes, information about crimes, and requests for prosecution, classify and immediately transfer them to competent agencies and units for resolution; in cases within its own jurisdiction, develop a resolution plan and report to the Head of the Criminal Investigation Agency under the Ministry of Public Security to issue a decision on assigning the resolution of reports of crimes and requests for prosecution. In urgent cases requiring immediate action to prevent criminal acts, collect evidence, and protect crime scenes, timely measures must be taken in accordance with the law.

2. Conduct investigations into criminal cases where the perpetrators are clearly identified involving particularly serious and complex crimes, those involving multiple regions or foreign elements within the jurisdiction of the Criminal Investigation Agency of the provincial police force (excluding drug-related crimes), but which the Head of the Criminal Investigation Agency under the Ministry of Public Security deems necessary to investigate directly; criminal cases where the perpetrators are clearly identified as stipulated in Chapter XVII, Articles 224, 225, 226, 226a, 226b, and 244 of the Penal Code of 1999 within the jurisdiction of the Criminal Investigation Agency under the Ministry of Public Security transferred from other agencies and units.

3. Take the lead and coordinate with relevant units to review criminal cases according to the assignment of the Head of the Criminal Investigation Agency under the Ministry of Public Security.

4. Monitor, take the lead, and coordinate with relevant units to direct the resolution of criminal cases where the perpetrators are clearly identified (excluding drug-related cases) requested for opinions by the Criminal Investigation Agency of the provincial police force.

5. Assist the Head of the Criminal Investigation Agency under the Ministry of Public Security:

a) Inspect compliance with the law in the work of receiving and resolving reports of crimes, information about crimes, and requests for prosecution, and in the work of arrest, detention, investigation, and handling of crimes by the Criminal Investigation Agencies at all levels;

b) Conduct inspections on compliance with the law on criminal procedure in the management of detention at temporary detention centers and holding facilities (excluding temporary detention centers under the Security Investigation Agency under the Ministry of Public Security);

c) Guide other agencies of the People's Police Force assigned tasks to conduct certain investigative activities to perform such investigative activities;

d) Organize mid-term and final reviews; monitor and periodically statistics monthly, quarterly, semi-annually, and annually on the work of receiving and resolving reports of crimes, information about crimes, and requests for prosecution, and the work of arrest, detention, investigation, and handling of crimes by the Criminal Investigation Agency under the Ministry of Public Security and the Criminal Investigation Agencies within the People's Police Force.

e) Resolve complaints about decisions, procedural actions, or conclusions regarding accusations of violations of the law by Investigators and Deputy Heads of the Criminal Investigation Agency under the Ministry of Public Security in accordance with the provisions of criminal procedure law.

6. Monitor, propose, and directly implement judicial assistance and extradition requests within the functions and responsibilities of the Criminal Investigation Agency under the Ministry of Public Security; coordinate with relevant units under the Criminal Investigation Agency under the Ministry of Public Security to implement international cooperation in criminal proceedings.

7. Manage the seal of the Criminal Investigation Agency under the Ministry of Public Security and a copy seal of the agency's representative office in Ho Chi Minh City.

Article 8. Tasks and Authorities of the Criminal Investigation Police Department for Social Order Crimes in Criminal Investigation Activities

1. Receiving reports of criminal offenses and recommendations for prosecution; in cases within their jurisdiction, they shall develop a plan to resolve the report and submit it to the Head of the Criminal Police Department of the Ministry of Public Security for a decision on assigning the handling of reports of criminal offenses and recommendations for prosecution; if not within their jurisdiction, after receiving them, they shall immediately transfer them to the competent investigation agency along with related documents (if any). In urgent situations requiring immediate action to prevent criminal acts, collect evidence, and protect the crime scene, timely measures must be taken in accordance with the law.

Monthly, they shall report to the Head of the Criminal Police Department of the Ministry of Public Security (through the Office of the Criminal Police Department of the Ministry of Public Security) on the work of receiving and resolving reports of criminal offenses and recommendations for prosecution.

2. Conducting investigations into criminal cases involving crimes stipulated in Chapters XII, XIII, XIV, XV, XIX, XX, and XXII of the 1999 Criminal Code within the jurisdiction of the Criminal Police Department of the Ministry of Public Security (excluding crimes within the jurisdiction of the Criminal Investigation Department for Economic Management and Official Crimes), which are directly discovered through case investigations or transferred from the Provincial Public Security Agency's Social Order Crime Investigation Division due to difficulties in solving the case.

3. Cooperating with relevant units to assess criminal cases according to the assignment of the Head of the Criminal Police Department of the Ministry of Public Security.

4. Supervising and directing the resolution of cases where the criminal suspect is unclear, requested for opinion by the Criminal Investigation Department of the Provincial Public Security Agency (Social Order Crime Investigation Division).

Article 9. Tasks and Authorities of the Criminal Investigation Department for Economic Management and Official Crimes

1. Receiving reports of criminal offenses and recommendations for prosecution; in cases within their jurisdiction, they shall develop a plan to resolve the report and submit it to the Head of the Criminal Police Department of the Ministry of Public Security for a decision on assigning the handling of reports of criminal offenses and recommendations for prosecution; if not within their jurisdiction, after receiving them, they shall immediately transfer them to the competent investigation agency along with related documents (if any). In urgent situations requiring immediate action to prevent criminal acts, collect evidence, and protect the crime scene, timely measures must be taken in accordance with the law.

Monthly, they shall report to the Head of the Criminal Police Department of the Ministry of Public Security (through the Office of the Criminal Police Department of the Ministry of Public Security) on the work of receiving and resolving reports of criminal offenses and recommendations for prosecution.

2. Conducting investigations into criminal cases involving crimes stipulated in Chapter XVI, Section B of Chapter XXI, Articles 139, 140, 141, 142, 143, 144, 145 of Chapter XIV (in cases where the perpetrator abuses the legal status of an organization or enterprise to commit a crime through economic contracts) and Article 251 of the 1999 Criminal Code within the jurisdiction of the Criminal Police Department of the Ministry of Public Security, which are directly discovered through case investigations or transferred from the Provincial Public Security Agency's Economic Management and Official Crimes Investigation Division due to difficulties in solving the case.

3. Cooperating with relevant units to assess criminal cases according to the assignment of the Head of the Criminal Police Department of the Ministry of Public Security.

4. Supervising and directing the resolution of cases where the criminal suspect is unclear, requested for opinion by the Criminal Investigation Department of the Provincial Public Security Agency (Economic Management and Official Crimes Investigation Division).

Article 10. Tasks and Authorities of the Criminal Investigation Department for Drug-related Crimes in Criminal Investigation Activities

1. Receiving reports of criminal offenses and recommendations for prosecution; in cases within their jurisdiction, they shall develop a plan to resolve the report and submit it to the Head of the Criminal Police Department of the Ministry of Public Security for a decision on assigning the handling of reports of criminal offenses and recommendations for prosecution; if not within their jurisdiction, after receiving them, they shall immediately transfer them to the competent investigation agency along with related documents (if any). In urgent situations requiring immediate action to prevent criminal acts, collect evidence, and protect the crime scene, timely measures must be taken in accordance with the law.

Monthly, they shall report to the Head of the Criminal Police Department of the Ministry of Public Security (through the Office of the Criminal Police Department of the Ministry of Public Security) on the work of receiving and resolving reports of criminal offenses and recommendations for prosecution.

2. Conducting investigations into serious and complex criminal cases, cases involving multiple regions or foreign elements stipulated in Chapter XVIII of the 1999 Criminal Code within the jurisdiction of the Criminal Investigation Department of the Provincial Public Security Agency, but deemed necessary for direct investigation by the Head of the Criminal Police Department of the Ministry of Public Security.

3. Cooperating with relevant units to assess criminal cases according to the assignment of the Head of the Criminal Police Department of the Ministry of Public Security.

4. Supervising and directing the resolution of cases requested for opinion by the Criminal Investigation Department of the Provincial Public Security Agency (Drug-related Crimes Investigation Division).

Article 11. Tasks and Authorities of the Anti-Corruption Criminal Investigation Department in criminal investigation activities

1. Receiving reports of crimes and requests for prosecution; in cases within their jurisdiction, they shall develop a plan to resolve the report and submit it to the Head of the Criminal Police Department of the Ministry of Public Security for a decision on assigning the resolution of reports of crimes and requests for prosecution; if not within their jurisdiction, they shall immediately transfer the case along with related documents (if any) to the competent investigative agency. In urgent situations requiring immediate action to prevent criminal acts, collect evidence, and protect the scene, timely measures must be taken according to the law.

Monthly, they shall report to the Head of the Criminal Police Department of the Ministry of Public Security (through the Office of the Criminal Police Department of the Ministry of Public Security) on the work of receiving and resolving reports of criminal offenses and recommendations for prosecution.

2. Conducting investigations into criminal cases involving crimes specified in Section A of Chapter XXI of the 1999 Criminal Code that are directly discovered; corruption cases transferred from the Government Inspectorate and other ministries and sectors which fall under the jurisdiction of the Criminal Police Department of the Ministry of Public Security.

Section 2
Article 6. Police Investigation Agency of the Ministry of Public Security
UNDER THE PROVINCE PUBLIC SECURITY CRIMINAL INVESTIGATION DEPARTMENT

Article 12. Tasks and Authorities of the Provincial Public Security Criminal Investigation Department

1. The tasks and authorities of the Provincial Public Security Criminal Investigation Department in criminal investigation activities:

a) Organizing criminal duty shifts, receiving reports of crimes and requests for prosecution; classifying and immediately transferring them to the competent authority for resolution; directly resolving reports of crimes and requests for prosecution within the jurisdiction of the Provincial Public Security Criminal Investigation Department;

b) Conducting investigations into criminal cases involving crimes specified from Chapter XII to Chapter XXII of the 1999 Criminal Code when such crimes fall under the jurisdiction of the provincial People's Court (excluding crimes under the jurisdiction of the Investigative Agency of the Supreme People's Procuratorate and the Security Investigation Agency within the Public Security Force); crimes within the jurisdiction of the County-level Public Security Criminal Investigation Department but deemed necessary to be directly investigated;

c) Implementing inspections, guidance, and direction of investigative business and inspections of compliance with the law in the work of receiving and resolving reports of crimes and requests for prosecution and in the investigation and handling of crimes by the County-level Public Security Criminal Investigation Department; guiding other departments of the Provincial Public Security Police Force assigned to conduct certain investigative activities;

d) Inspecting compliance with criminal procedure laws in the management of detention at provincial and county-level temporary detention centers;

đ) Proposing to relevant administrative agencies, state bodies, and social organizations to apply measures to eliminate causes and conditions leading to crime;

e) Organizing mid-term and final reviews of the work of receiving and resolving reports of crimes and requests for prosecution and the investigation and handling of crimes within the functions, tasks, and authorities of the Provincial Public Security Criminal Investigation Department;

g) Resolving complaints about decisions, procedural actions, or conclusions regarding accusations of violations of the law by investigators and Deputy Heads of the Provincial Public Security Criminal Investigation Department according to criminal procedure laws;

2. The Head and Deputy Heads of the Provincial Public Security Criminal Investigation Department:

a) The Deputy Director responsible for the police force for preventing and combating crime is the Head of the Provincial Public Security Criminal Investigation Department;

b) The Chief of the Office of the Provincial Public Security Criminal Investigation Department is the Acting Deputy Head of the Provincial Public Security Criminal Investigation Department; one Deputy Chief of the Office of the Provincial Public Security Criminal Investigation Department is a Deputy Head of the Provincial Public Security Criminal Investigation Department;

c) The Head and one Deputy Head of the Social Order Crime Investigation Department (responsible for procedures) are Deputy Heads of the Provincial Public Security Criminal Investigation Department;

Specifically, the Social Order Crime Investigation Department of the Public Security Departments of Hanoi, Hai Phong, and Ho Chi Minh City appoint the Head and two Deputy Heads (responsible for procedures and serious cases) as Deputy Heads of the Provincial Public Security Criminal Investigation Department;

d) The Heads of the Economic Management and Official Position Crime Investigation Department and the Drug Crime Investigation Department are Deputy Heads of the Provincial Public Security Criminal Investigation Department.

Article 13. Tasks and Authorities of the Office of the Provincial Police Criminal Investigation Department in Criminal Investigation Activities

1. Organize criminal duty shifts, receive reports of crimes, accusations, and recommendations for prosecution, classify and immediately transfer to competent agencies and units for resolution; in cases within its own authority, develop a resolution plan and report to the Head of the Provincial Police Criminal Investigation Department to issue a decision on assigning the resolution of accusations, reports of crimes, and recommendations for prosecution. In urgent situations requiring immediate action to prevent criminal acts, collect evidence, and protect crime scenes, timely measures must be taken in accordance with the law.

2. Conduct investigations into clear-cut criminal cases within the jurisdiction of the Provincial Police Criminal Investigation Department that are self-discovered or transferred from other agencies and units (excluding drug-related offenses and major cases); offenses within the jurisdiction of the County Police Criminal Investigation Department (General Investigation Unit), but the Head of the Provincial Police Criminal Investigation Department deems it necessary to conduct directly.

3. Lead and coordinate with relevant units to review criminal cases within the jurisdiction of the Provincial Police Criminal Investigation Department and County Police Criminal Investigation Department as assigned by the Head of the Provincial Police Criminal Investigation Department.

4. Monitor and direct the resolution of clear-cut criminal cases (excluding drug-related offenses) where the County Police Criminal Investigation Department seeks guidance.

5. Assist the Head of the Provincial Police Criminal Investigation Department:

a) Inspect compliance with laws in the reception and resolution of reports of crimes, accusations, and recommendations for prosecution, and in the work of arrest, detention, investigation, and handling of crimes by the Provincial Police Criminal Investigation Department and County Police Criminal Investigation Department;

b) Audit compliance with criminal procedure laws in the management of detention facilities at provincial and county detention centers;

c) Guide other agencies of the People's Police Force assigned tasks to conduct certain investigative activities to perform such investigative activities;

d) Organize mid-term and annual reviews; monitor and periodically statistics monthly, quarterly, semi-annually, and annually on the reception and resolution of reports of crimes, accusations, and recommendations for prosecution, and the work of arrest, detention, investigation, and handling of crimes by the People's Police force under the Provincial Police, reporting to the Head of the Ministry of Public Security's Criminal Investigation Department (through the Ministry of Public Security's Criminal Investigation Department Office);

đ) Resolve complaints about decisions, procedural actions, or conclusions regarding accusations of violations of law by investigators and Deputy Heads of the Provincial Police Criminal Investigation Department according to criminal procedure laws.

6. Manage the seal of the Provincial Police Criminal Investigation Department.

Article 14. Tasks and Authorities of the Social Order Crimes Investigation Division in Criminal Investigation Activities

1. Receive reports of crimes, accusations, and recommendations for prosecution. In cases within its own authority, develop a resolution plan and report to the Head of the Provincial Police Criminal Investigation Department to issue a decision on assigning the resolution of reports of crimes, accusations, and recommendations for prosecution; if not within its authority, immediately transfer to the competent investigative agency or unit upon receipt, along with related documents (if any). In urgent situations requiring immediate action to prevent criminal acts, collect evidence, and protect crime scenes, timely measures must be taken in accordance with the law.

Report monthly to the Head of the Provincial Police Criminal Investigation Department (through the Provincial Police Criminal Investigation Department Office) on the work of receiving and resolving reports of crimes, accusations, and recommendations for prosecution.

2. Conduct investigations into major cases; unclear criminal cases, and clear criminal cases involving self-discovered offenses as stipulated in Chapters XII, XIII, XIV, XV, XIX, XX, and XXII of the 1999 Penal Code when such offenses fall within the jurisdiction of the Provincial People's Court (excluding offenses within the jurisdiction of the Investigative Agency of the Supreme People's Procuratorate, the Security Investigation Agency within the Public Security Force, and the Economic and Official Crime Investigation Division); offenses within the jurisdiction of the County Police Criminal Investigation Department (Social Order Crimes Investigation Division), but the Head of the Provincial Police Criminal Investigation Department deems it necessary to conduct directly.

3. Coordinate with relevant units to review criminal cases as assigned by the Head of the Provincial Police Criminal Investigation Department.

4. Monitor and direct the resolution of specialized cases and unclear criminal cases where the County Police Criminal Investigation Department (Social Order Crimes Investigation Division) seeks guidance.

Article 15. Tasks and powers of the Criminal Investigation Division for Economic Order Management and Official Crimes in criminal investigation activities

1. Receive reports of crimes, accusations, and recommendations for prosecution. In cases within its own authority, develop a resolution plan and report to the Head of the Provincial Police Criminal Investigation Department to issue a decision on assigning the resolution of reports of crimes, accusations, and recommendations for prosecution; if not within its authority, immediately transfer to the competent investigative agency or unit upon receipt, along with related documents (if any). In urgent situations requiring immediate action to prevent criminal acts, collect evidence, and protect crime scenes, timely measures must be taken in accordance with the law.

Report monthly to the Head of the Provincial Police Criminal Investigation Department (through the Provincial Police Criminal Investigation Department Office) on the work of receiving and resolving reports of crimes, accusations, and recommendations for prosecution.

2. Conduct investigations into criminal cases where the perpetrators are not yet clear and those where the perpetrators are already clear, which are self-discovered crimes stipulated in Chapter XVI, Chapter XXI, Articles 139, 140, 141, 142, 143, 144, 145 of Chapter XIV (in cases where the perpetrators take advantage of the legal status of agencies, organizations, enterprises to commit crimes through economic contracts) of the 1999 Criminal Code when such crimes fall within the jurisdiction of provincial People's Courts; crimes that fall within the jurisdiction of the Criminal Investigation Department of the Public Security Police at district level (economic order management and official crime investigation team), but the Head of the Criminal Investigation Department of the Public Security Police at provincial level considers it necessary to conduct the investigation directly.

3. Coordinate with relevant units to review criminal cases as assigned by the Head of the Provincial Police Criminal Investigation Department.

4. Supervise and direct the resolution of special cases and criminal cases where the perpetrators are not yet clear requested for opinions from the Criminal Investigation Department of the Public Security Police at district level (economic order management and official crime investigation team).

Article 16. Tasks and powers of the Criminal Investigation Division for Drug-related Crimes in criminal investigation activities

1. Receive reports of crimes, accusations, and recommendations for prosecution. In cases within its own authority, develop a resolution plan and report to the Head of the Provincial Police Criminal Investigation Department to issue a decision on assigning the resolution of reports of crimes, accusations, and recommendations for prosecution; if not within its authority, immediately transfer to the competent investigative agency or unit upon receipt, along with related documents (if any). In urgent situations requiring immediate action to prevent criminal acts, collect evidence, and protect crime scenes, timely measures must be taken in accordance with the law.

Report monthly to the Head of the Provincial Police Criminal Investigation Department (through the Provincial Police Criminal Investigation Department Office) on the work of receiving and resolving reports of crimes, accusations, and recommendations for prosecution.

2. Conduct investigations into criminal cases involving crimes stipulated in Chapter XVIII of the 1999 Criminal Code when such crimes fall within the jurisdiction of provincial People's Courts; crimes that fall within the jurisdiction of the Criminal Investigation Department of the Public Security Police at district level (drug-related crime investigation team), but the Head of the Criminal Investigation Department of the Public Security Police at provincial level considers it necessary to conduct the investigation directly.

3. Coordinate with relevant units to review criminal cases as assigned by the Head of the Provincial Police Criminal Investigation Department.

4. Supervise and direct the resolution of special cases and criminal cases requested for opinions from the Criminal Investigation Department of the Public Security Police at district level (drug-related crime investigation team).

Section 3
Article 6. Police Investigation Agency of the Ministry of Public Security
BELONGS TO THE CRIMINAL INVESTIGATION DEPARTMENT OF PUBLIC SECURITY POLICE AT DISTRICT LEVEL

Article 17. Tasks, powers, and organizational structure of the Criminal Investigation Department of Public Security Police at district level

1. Tasks and powers of the Criminal Investigation Department of Public Security Police at district level in criminal investigation activities:

a) Organize duty work for criminal cases, receiving reports of crimes and recommendations for prosecution; classify and immediately transfer them to competent authorities for handling; directly handle reports of crimes and recommendations for prosecution within the jurisdiction of the Criminal Investigation Department of Public Security Police at district level;

b) Conduct investigations into criminal cases involving crimes stipulated in Chapters XII to XXII of the 1999 Criminal Code when such crimes fall within the jurisdiction of district-level People's Courts (excluding crimes under the jurisdiction of the Investigative Agency of the Supreme People's Procuracy and the Security Investigation Agency within the Public Security Force);

c) Propose relevant administrative sectors, state agencies, and social organizations to apply measures to eliminate causes and conditions leading to the emergence of crimes;

d) Inspect and guide public security agencies at commune level, police stations, and police posts in performing tasks related to receiving and classifying reports of crimes;

đ) Inspect compliance with criminal procedure laws in the management of detention and custody at temporary detention centers under the Public Security Police at district level;

e) Organize mid-term and final reviews of the work of receiving and resolving reports of crimes and recommendations for prosecution, and the work of investigating and dealing with crimes by the Criminal Investigation Department of Public Security Police at district level;

g) Resolve complaints about decisions, investigative actions, or conclusions regarding accusations of violations of criminal law by investigators and Deputy Heads of the Criminal Investigation Department of Public Security Police at district level according to the provisions of criminal procedure law.

2. Organization of the Criminal Investigation Department of Public Security Police at district level:

The Director of the Public Security Police at provincial level shall base on the situation of crimes, material foundations, number of cadres, and number of investigators in the locality, propose to the Minister of Public Security (through the General Bureau of Crime Prevention and Suppression, and the General Bureau of Building the Public Security Force) to examine and decide on the organizational structure of the Criminal Investigation Department of Public Security Police at district level appropriately. The organization of the Criminal Investigation Department of Public Security Police at district level must meet the following requirements:

a) Each investigation team under the Criminal Investigation Department of Public Security Police at district level must have a minimum of 03 (three) investigators. When there are fewer than 03 (three) investigators, a new team shall not be established;

b) If the Criminal Investigation Department of Public Security Police at district level only organizes 01 (one) investigation team, it shall be named the Criminal Investigation Team. This team performs the tasks of the Criminal Investigation Department of Public Security Police at district level, including a specialized group responsible for the functions and tasks of the General Investigation Team;

c) If the Criminal Investigation Department of Public Security Police at district level organizes 02 (two) investigation teams, it shall establish a General Investigation Team; merge the Social Order Crime Investigation Team, the Economic Order Management and Official Crime Investigation Team, and the Drug-related Crime Investigation Team, and name it the Criminal Investigation Team for Criminal, Economic, and Drug-related Crimes;

d) If the Criminal Investigation Department of Public Security Police at district level organizes 03 (three) investigation teams, it shall establish a General Investigation Team, a Social Order Crime Investigation Team, merge the Economic Order Management and Official Crime Investigation Team, and the Drug-related Crime Investigation Team, and name it the Criminal Investigation Team for Economic and Drug-related Crimes;

đ) If the Criminal Investigation Department of Public Security Police at district level organizes 04 (four) investigation teams, it shall establish a General Investigation Team, a Social Order Crime Investigation Team, an Economic Order Management and Official Crime Investigation Team, and a Drug-related Crime Investigation Team.

3. Heads and Deputy Heads of the Criminal Investigation Department of Public Security Police at district level:

a) The Chief of Public Security Police at district level is the Head of the Criminal Investigation Department of Public Security Police at district level;

b) One Deputy Chief of Public Security Police at district level who oversees the force of Crime Prevention and Suppression is the Deputy Head of the Criminal Investigation Department of Public Security Police at district level. For the Criminal Investigation Department of Public Security Police at districts, counties, and cities under provinces that handle more than 200 (two hundred) cases annually, two Deputy Heads of the Criminal Investigation Department of Public Security Police at district level may be arranged.

Article 18. Tasks and Authorities of the General Investigation Team in Criminal Investigation Activities

1. Organize criminal duty shifts, receive reports of crimes, information about criminal offenses, and requests for prosecution; classify and immediately transfer to competent agencies or units for resolution; in cases within their own authority, develop a resolution plan and report to the Head of the Criminal Police Department of the Provincial Public Security Agency to issue a decision on assigning the resolution of crime reports and prosecution requests. In urgent situations requiring immediate prevention of criminal acts, collection of evidence, and protection of the scene, timely measures must be taken according to the law.

2. Conduct investigations into criminal cases where the perpetrators are clearly identified and fall under the investigation jurisdiction of the Criminal Police Department of the Provincial Public Security Agency (excluding drug-related offenses), which are self-discovered or transferred from other agencies or units to the Criminal Police Department of the Provincial Public Security Agency.

3. Lead and coordinate with relevant units to assess criminal cases as assigned by the Head of the Criminal Police Department of the Provincial Public Security Agency.

4. Assist the Head of the Criminal Police Department of the Provincial Public Security Agency:

a) Inspect compliance with laws in the work of receiving and resolving reports of crimes, information about criminal offenses, and requests for prosecution, and in the work of arrest, detention, investigation, and prosecution of crimes by the Criminal Police Department of the Provincial Public Security Agency;

b) Audit compliance with criminal procedure laws in the management of detention at the Detention Center of the Provincial Public Security Agency;

c) Inspect and guide Commune Police Stations, Police Posts to perform tasks of receiving and classifying reports of crimes;

d) Organize mid-term and annual reviews; regularly monitor and statistically track the work of receiving and resolving reports of crimes, information about criminal offenses, and requests for prosecution, and the work of arrest, detention, investigation, and prosecution of crimes by the Criminal Police Department of the Provincial Public Security Agency, reporting to the Head of the Criminal Police Department of the Provincial Public Security Agency (through the Office of the Criminal Police Department of the Provincial Public Security Agency);

đ) Resolve complaints regarding decisions, procedural actions, or conclusions of internal accusations against violations of the law by Investigators and Deputy Heads of the Criminal Police Department of the Provincial Public Security Agency according to the provisions of criminal procedure law;

5. Manage the seal of the Criminal Police Department of the Provincial Public Security Agency.

Article 19. Tasks and Authorities of the Social Order Crime Investigation Team in Criminal Investigation Activities

1. Receive reports of crimes, information about criminal offenses, and requests for prosecution. If within their own resolution authority, develop a resolution plan and report to the Head of the Criminal Police Department of the Provincial Public Security Agency to issue a decision on assigning the resolution of crime reports and prosecution requests; if not within their resolution authority, after receiving them, immediately transfer to the competent investigative agency or unit along with related documents (if any). In urgent situations requiring immediate prevention of criminal acts, collection of evidence, and protection of the scene, timely measures must be taken according to the law.

Report weekly to the Head of the Criminal Police Department of the Provincial Public Security Agency (through the General Investigation Team) on the work of receiving and resolving reports of crimes and requests for prosecution.

2. Conduct investigations into criminal cases where the perpetrators are not clearly identified and into criminal cases where the perpetrators are clearly identified concerning offenses stipulated in Chapters XII, XIII, XIV, XV, XIX, XX, and XXII of the Penal Code of 1999 when such offenses fall under the jurisdiction of the People's Court at the provincial level (excluding offenses under the investigation jurisdiction of the Investigative Agency of the Supreme Procuracy, the Security Investigation Agency within the Public Security Force, and the Economic and Administrative Offense Investigation Team of the Provincial Public Security Agency).

3. Coordinate with the General Investigation Team to assess criminal cases as assigned by the Head of the Criminal Police Department of the Provincial Public Security Agency.

Article 20. Duties and powers of the Economic and Administrative Crime Investigation Police Team in criminal investigation activities

1. Receiving reports of crimes, information about crimes, and requests for prosecution. In cases within their own authority to resolve, they shall develop a plan for resolution, report to the Head of the Criminal Police Department of the provincial police force, and issue a decision assigning the resolution of reports of crimes, information about crimes, and requests for prosecution; if not within their authority to resolve, upon receipt, immediately transfer to the competent investigative agency along with related documents (if any). In urgent situations requiring immediate action to prevent crime, collect evidence, and protect the scene, timely measures must be taken according to the law.

Report weekly to the Head of the Criminal Police Department of the Provincial Public Security Agency (through the General Investigation Team) on the work of receiving and resolving reports of crimes and requests for prosecution.

2. Conducting investigations into criminal cases where the perpetrator is unknown and those where the perpetrator is known concerning crimes stipulated in Chapter XVI, Chapter XXI, Articles 139, 140, 141, 142, 143, 144, 145 of Chapter XIV (in cases where the perpetrator abuses the legal status of an organization, institution, enterprise, or uses economic contracts to commit crimes) of the 1999 Penal Code when such crimes fall under the jurisdiction of the People's Court at the district level.

3. Coordinate with the General Investigation Team to assess criminal cases as assigned by the Head of the Criminal Police Department of the Provincial Public Security Agency.

Article 21. Duties and powers of the Drug-related Crime Investigation Police Team in criminal investigation activities

1. Receive reports of crimes, information about criminal offenses, and requests for prosecution. If within their own resolution authority, develop a resolution plan and report to the Head of the Criminal Police Department of the Provincial Public Security Agency to issue a decision on assigning the resolution of crime reports and prosecution requests; if not within their resolution authority, after receiving them, immediately transfer to the competent investigative agency or unit along with related documents (if any). In urgent situations requiring immediate prevention of criminal acts, collection of evidence, and protection of the scene, timely measures must be taken according to the law.

Report weekly to the Head of the Criminal Police Department of the Provincial Public Security Agency (through the General Investigation Team) on the work of receiving and resolving reports of crimes and requests for prosecution.

2. Conducting investigations into criminal cases concerning crimes stipulated in Chapter XVIII of the 1999 Penal Code when such crimes fall under the jurisdiction of the People's Court at the district level.

3. Coordinate with the General Investigation Team to assess criminal cases as assigned by the Head of the Criminal Police Department of the Provincial Public Security Agency.

Chapter III
DUTIES AND POWERS OF THE SECURITY INVESTIGATION ORGANIZATION IN CRIMINAL INVESTIGATION ACTIVITIES
Article 22. Duties and powers of the Security Investigation Organization of the Ministry of Public Security in criminal investigation activities

1. Duties and powers of the Security Investigation Organization of the Ministry of Public Security in criminal investigation activities:

a) Organizing criminal duty shifts, receiving reports of crimes, information about crimes, and requests for prosecution; classifying and immediately transferring to the competent authority for resolution; directly resolving reports of crimes, information about crimes, and requests for prosecution within the authority of the Security Investigation Organization of the Ministry of Public Security;

b) Conducting investigations into serious and complex cases involving multiple regions or foreign elements within the jurisdiction of the Security Investigation Organization of the provincial public security force but which require direct investigation;

c) Supervising, guiding, and directing investigative operations and checking compliance with the law in criminal investigation and prosecution activities of the Security Investigation Organization of the provincial public security force; guiding other security agencies assigned tasks to conduct certain investigative activities;

d) Organizing summaries and evaluations of the work of receiving and resolving reports of crimes, information about crimes, and requests for prosecution, and the work of investigating and prosecuting crimes within the functions, duties, and powers of the Security Investigation Organization in the public security system;

e) Inspecting compliance with criminal procedure laws in the management of detention at temporary detention centers and holding houses (excluding those under the Security Investigation Agency of the Ministry of Public Security);

e) Resolving complaints about decisions, procedural acts, or conclusions regarding accusations of violations of the law by investigators or deputy heads of the Security Investigation Organization of the Ministry of Public Security according to criminal procedure law regulations;

2. Heads and Deputy Heads of the Security Investigation Organization of the Ministry of Public Security:

a) The Deputy Director of the Second General Bureau of Security in charge of the Investigation Bureau is the Head of the Security Investigation Organization of the Ministry of Public Security;

b) The Director of the Investigation Bureau is the Deputy Head in charge of the Security Investigation Organization of the Ministry of Public Security; Deputy Directors of the Investigation Bureau are Deputy Heads of the Security Investigation Organization of the Ministry of Public Security.

b) The Director of the Security Investigation Bureau shall be the Acting Deputy Head of the Security Investigation Department of the Ministry of Public Security; the Deputy Directors of the Security Investigation Bureau shall be Deputy Heads of the Security Investigation Department of the Ministry of Public Security.

Article 23. Duties and Authorities of the Provincial Public Security Investigation Agency

1. Duties and authorities of the Provincial Public Security Investigation Agency in criminal investigation activities:

a) Receiving reports of crimes, information about crimes, and requests for prosecution, classifying them, and immediately transferring them to competent agencies for resolution; directly resolving reports of crimes, information about crimes, and requests for prosecution within the jurisdiction of the Provincial Public Security Investigation Agency.

b) Conducting investigations into criminal cases involving crimes stipulated in Chapter XI, Chapter XXIV, and crimes stipulated in Articles 180, 181, 221, 222, 223, 230, 230a, 230b, 231, 232, 236, 263, 264, 274, and 275 of the Criminal Code of 1999 when such crimes fall within the jurisdiction of the People's Court at the provincial level.

c) Propose relevant administrative sectors, state agencies, and social organizations to apply measures to eliminate causes and conditions leading to the emergence of crimes;

d) Organizing mid-term and final reviews; monitoring and statistically reporting on a monthly, quarterly, semi-annual, and annual basis the work of receiving and resolving reports of crimes, information about crimes, and requests for prosecution, as well as the investigative and crime handling work of the public security forces under the Provincial Public Security, and reporting to the Head of the Ministry of Public Security Investigation Agency (through the Investigation Department).

đ) Resolving complaints regarding decisions, procedural acts, or conclusions of content accusations about violations of the law by investigators, Deputy Heads of the Provincial Public Security Investigation Agency according to the provisions of criminal procedure law.

2. The Head and Deputy Heads of the Provincial Public Security Investigation Agency:

a) The Deputy Director of the Provincial Public Security responsible for security work is the Head of the Provincial Public Security Investigation Agency.

b) The Head of the Provincial Public Security Investigation Department is the Acting Deputy Head of the Provincial Public Security Investigation Agency; one Deputy Head of the Provincial Public Security Investigation Department (responsible for criminal investigation work) is a Deputy Head of the Provincial Public Security Investigation Agency.

Chapter IV
DUTIES AND AUTHORITIES OF OTHER AGENCIES
OF THE PEOPLE'S PUBLIC SECURITY FORWARDED TASKS TO PERFORM CERTAIN INVESTIGATIVE ACTIVITIES

Article 24. Receiving and Resolving Reports of Crimes

Other agencies of the People's Public Security that are assigned tasks to perform certain investigative activities have the responsibility to receive reports of crimes. After receiving reports of crimes (including self-discovered acts or events with signs of crimes), they must immediately transfer these reports of crimes along with related materials received to the competent investigative agency for resolution. In cases where, while performing their duties, they discover or receive reports of crimes that clearly indicate criminal offenses within their own investigative jurisdiction, they only need to promptly report in writing to the same-level Investigative Agency (without having to send related materials) and decide to initiate criminal proceedings according to the provisions of criminal procedure law.

Article 25. Investigative Powers of Other Agencies of the People's Police Assigned Tasks to Perform Certain Investigative Activities

1. The Traffic Police Corps, the Traffic Police Department, or the Traffic Police Room (for provinces without a Traffic Police Department) while performing their duties, if they discover incidents with signs of crimes stipulated in Articles 202, 203, 204, 205, 206, 207, 208, 209, 210, and 211 of the Criminal Code of 1999, then the Chief of the Traffic Police Corps, the Head of the Traffic Police Department (or the Head of the Traffic Police Room) shall issue a decision to initiate criminal proceedings, take statements, inspect the scene, search, seize, temporarily detain, and preserve evidence and related materials 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 criminal proceedings.

2. The Waterway Police Corps, the Waterway Police Department, or the Traffic Police Room (for provinces without a Waterway Police Department) while performing their duties, if they discover incidents occurring on waterways with signs of crimes within the jurisdiction of the Investigative Agency, then the Chief of the Waterway Police Corps, the Head of the Waterway Police Department (or the Head of the Traffic Police Room) shall issue a decision to initiate criminal proceedings, take statements, inspect the scene, search, seize, temporarily detain, and preserve evidence and related materials 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 criminal proceedings.

3. The Fire Prevention and Control Police Corps, the Fire Prevention and Control Police Department while performing their duties, if they discover incidents with signs of crimes stipulated in Articles 232, 234, 238, 239, and 240 of the Criminal Code of 1999, then the Chief of the Fire Prevention and Control Police Corps, the Head of the Fire Prevention and Control Police Department has the authority to issue a decision to initiate criminal proceedings, take statements, inspect the scene, search, seize, temporarily detain, and preserve evidence and related materials 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 criminal proceedings.

4. The Administrative Management Police Corps, the Administrative Management Police Department while performing their duties, if they discover incidents with signs of crimes stipulated in Articles 230, 232, 233, 234, 235, 240, 245, 257, 266, 267, 268, and 273 of the Criminal Code of 1999, then the Chief of the Administrative Management Police Corps, the Head of the Administrative Management Police Department shall issue a decision to initiate criminal proceedings, take statements, inspect the scene, search, seize, temporarily detain, and preserve evidence and related materials 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 criminal proceedings.

5. The Protective Police Bureau, Protective Police Department, while performing their duties and discovering incidents indicating crimes as stipulated in Articles 245, 257, 305, 306, 311, and 312 of the 1999 Criminal Code, shall issue a decision to initiate criminal proceedings, take statements, examine the crime scene, search, seize, temporarily detain and preserve evidence and documents directly related to the case, and transfer the case file to the competent Investigative Police Agency within seven days from the date of issuing the decision to initiate criminal proceedings.

6. The Temporary Detention Center, Prison, while performing their duties and discovering crimes related to detention management or discovering that persons under temporary detention, pre-trial detention, or serving custodial sentences commit crimes within the jurisdiction of the Investigative Police Agency in the People's Public Security Force, shall issue a decision to initiate criminal proceedings, take statements, examine the crime scene, search, seize, temporarily detain and preserve evidence and documents directly related to the case, and transfer the case file to the competent Investigative Police Agency within seven days from the date of issuing the decision to initiate criminal proceedings. In cases where prisoners serving custodial sentences at prisons escape, the Temporary Detention Center Director or Prison Director shall issue a warrant for arrest.

7. The Environmental Crime Prevention and Suppression Police Bureau, Environmental Crime Prevention and Suppression Police Department, while performing their duties and discovering incidents indicating crimes as stipulated in Chapter XVII and Article 244 of the 1999 Criminal Code, shall issue a decision to initiate criminal proceedings, take statements, examine the crime scene, search, seize, temporarily detain and preserve evidence and documents directly related to the case, and transfer the case file to the competent Investigative Police Agency within seven days from the date of issuing the decision to initiate criminal proceedings.

8. In cases where other police agencies in the People's Public Security Force are assigned tasks to conduct certain investigative activities and discover actions indicating crimes requiring preventive measures or when the incident occurs near the competent investigative agency, they must immediately report to the competent investigative agency for consideration and decision on initiating investigation.

Article 26. Investigative powers of other agencies of the People's Security Force assigned tasks to conduct certain investigative activities.

The Security Service Bureaus, Security Service Departments under provincial public security organs, while performing their duties and discovering incidents indicating crimes as stipulated in Chapters XI, XXIV and Articles 180, 181, 221, 222, 223, 230, 230a, 230b, 231, 232, 236, 263, 264, 274, and 275 of the 1999 Criminal Code, shall issue a decision to initiate criminal proceedings, take statements, examine the crime scene, search, seize, temporarily detain and preserve evidence and documents directly related to the case; if it is deemed necessary to immediately prevent the person committing the crime from fleeing, destroying evidence, or continuing to commit the crime, they shall immediately escort such person to the public security organ and request an immediate warrant for arrest 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 under county-level public security organs, while performing their duties and discovering incidents indicating crimes within the jurisdiction of the Security Investigation Agency under provincial public security organs, shall immediately pursue and 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-level Security Investigation Agency.

Chapter V
RESPONSIBILITIES OF THE COMMUNE POLICE STATION, POLICE STATION, POLICE POST IN RECEIVING AND CLASSIFYING CRIMINAL COMPLAINTS AND INFORMATION ON CRIMES
REGARDING THE RECEIVING AND CLASSIFICATION OF CRIMINAL COMPLAINTS AND INFORMATION ON CRIMES

Article 27. Responsibilities in receiving and classifying reports and information about criminal offenses

1. The police station at the commune level, police post, and police station shall be responsible for receiving reports and information about criminal offenses in accordance with the Criminal Procedure Code of 2003 and Circular Joint No. 06/2013/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated August 2, 2013 issued by the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Supreme People's Procuracy guiding the implementation of provisions of the Criminal Procedure Code on receiving and handling reports and information about criminal offenses and requests for prosecution.

2. When receiving information related to criminal offenses (including cases discovered spontaneously while performing duties), the police station at the commune level, police post, and police station shall be responsible for conducting preliminary verification to classify such information. If it is determined that the information is a report or information about a criminal offense, it shall immediately transfer the report or information about the criminal offense along with relevant documents to the competent investigative agency for resolution; if it is determined that the information is not a report or information about a criminal offense, it shall be handled according to other legal regulations.

Article 28. Responsibilities of the police station at the commune level, police post, and police station in resolving specific cases

1. In the case of receiving a person caught in the act of committing a crime by the people, a record of apprehending a person caught in the act of committing a crime shall be made, personnel shall be assigned to draw a sketch or protect the scene, take statements, seize, temporarily detain, and preserve evidence and documents directly related to the resolution; simultaneously, notify the Criminal Police Department of the police force at the district level.

In the case of receiving a person who is being pursued for arrest by the people, a record of apprehending a person being pursued for arrest shall be made, and statements taken; simultaneously, notify the Criminal Police Department of the police force at the district level.

In the case of receiving a suspect who has committed a crime by the people, not falling under the category of catching a person in the act of committing a crime or a person being pursued for arrest, a record of the incident shall be made, personnel shall be assigned to draw a sketch or protect the scene, take statements, seize, temporarily detain, and preserve evidence and documents directly related to the resolution; simultaneously, notify the Criminal Police Department of the police force at the district level.

2. In the case of receiving reports and information about ongoing criminal acts within the jurisdiction, immediate action must be organized to reach the scene, and if it is deemed necessary to prevent the perpetrator from fleeing, destroying evidence, or continuing the crime, the perpetrator shall be immediately brought back to the office, a sketch drawn or the scene protected, a record made, statements taken, evidence seized, temporarily detained, and preserved; simultaneously, notify the Criminal Police Department of the police force at the district level.

In the case where the perpetrator flees upon arrival at the scene, immediate pursuit and investigation shall be conducted, statements taken, evidence seized, temporarily detained, and preserved; simultaneously, notify the Criminal Police Department of the police force at the district level.

3. In the case where the victim or their close relatives directly come to the police station at the commune level, police post, or police station to report being harmed (occurring within the jurisdiction managed by the police station at the commune level, police post, or police station), they shall be guided to make a report, a record of receiving the report shall be made, and initial inspection and verification activities shall be carried out immediately; if it is determined that this is a report about a criminal offense, the report about the criminal offense along with relevant documents shall be immediately transferred to the Criminal Police Department of the police force at the district level.

Chapter VI
CRIMINAL INVESTIGATIVE ACTIVITIES OF THE HEAD,
DEPUTY HEAD OF THE INVESTIGATIVE AGENCY, INVESTIGATOR,INVESTIGATIVE STAFF IN THE PEOPLE'S POLICE

Section 1
TASKS AND LIMITATIONS OF THE HEAD, DEPUTY HEAD
OF THE INVESTIGATIVE AGENCY, INVESTIGATOR, INVESTIGATIVE STAFF

Article 29. Duties and Authorities of Heads, Deputy Heads of Investigation Agencies, Investigators, and Investigative Officers

1. In criminal investigation activities, Heads, Deputy Heads of Investigation Agencies, Investigators, and Investigative Officers must strictly and fully implement all directives of the Party, laws, and regulations of the Ministry of Public Security related to criminal investigation work; they must continuously study and learn to enhance their political, legal, foreign language, investigative professional skills, and necessary specialized knowledge in areas relevant to criminal investigation and crime handling.

2. Investigators and Investigative Officers must strictly and fully execute orders, commands, and decisions of the Head of the Investigation Agency or Deputy Head of the Investigation Agency directly assigned to direct the investigation of cases. Investigative Officers assist Investigators in conducting investigative activities.

3. When assigned by the Head of the Investigation Agency to investigate a criminal case, Investigators must apply all lawful measures to ascertain the truth of the case objectively, comprehensively, and fully, clarify evidence indicating guilt and evidence indicating innocence, aggravating circumstances, and mitigating circumstances of criminal responsibility of the suspect. They must study and propose to the Head of the Investigation Agency to summarize and conclude lessons learned from organizing the investigation of criminal cases.

4. Investigators must be responsible before the law and the Head, Deputy Head of the Investigation Agency for their actions and decisions. Investigative Officers must be responsible before the law and the Head, Deputy Head of the Investigation Agency for their actions.

Article 30. Responsibility for Keeping Confidential Information and Documents of Investigations by Investigators and Investigative Officers

1. Maintain confidentiality of investigations according to the law on protecting state secrets and bear legal responsibility for leaking information belonging to confidential investigation.

2. Only provide documents, information, and respond to mass media agencies and other related agencies about the contents of the cases under their investigation when approved in writing by the Head or Deputy Head of the Investigation Agency.

3. Information and documents discovered and collected through investigative methods must be managed under secret document procedures.

4. Investigators must classify the level of secrecy of documents in the case file and manage them according to the law on protecting state secrets. If it is necessary to use documents marked with a secrecy level for serving criminal proceedings, they must follow the procedures to report to the competent authority to issue a decision to declassify according to the law.

5. Investigators must inform and require participants in litigation and witnesses not to disclose confidential investigation information and this must be recorded in the investigation activity record.

Article 31. Matters that Investigators and Investigative Officers Shall Not Engage In

1. Investigators and Investigative Officers shall not engage in matters prescribed in Article 33 of the Criminal Investigation Organization Ordinance 2004.

2. During the performance of duties, Investigators and Investigative Officers must strictly comply with the following provisions:

a) Not to accept or handle reports of crimes, complaints, and accusations contrary to regulations or without being assigned by the Head or Deputy Head of the Investigation Agency.

b) Not to meet relatives (including grandparents, great-grandparents, biological parents, adoptive parents, parents-in-law, siblings, siblings-in-law, biological children, adopted children) of suspects, persons temporarily detained, or other related individuals at any location, except when required by investigative needs and must obtain the consent of the Head or Deputy Head of the Investigation Agency.

c) In cases where suspects or their relatives, friends, or persons temporarily detained voluntarily come to the home of Investigators or Investigative Officers or meet them outside the police station, Investigators and Investigative Officers must explain and request them to come to the police station for work; at the same time, they must immediately report this to the Head or Deputy Head of the Investigation Agency.

d) Not to eat, accept gifts, money, or other benefits from suspects or their relatives, friends, or persons temporarily detained or individuals related to the case. If relatives, friends of suspects, persons temporarily detained, and individuals related to the case intentionally offer gifts, money, or other benefits, Investigators and Investigative Officers must refuse and immediately report this to the Head or Deputy Head of the Investigation Agency for instructions.

đ) Not to seek favors, harass, or solicit benefits in any form from suspects, persons temporarily detained, their relatives, and related individuals or organizations.

e) Strictly prohibit torture, coaching confessions, or using cruel methods in any form.

g) Not to allow persons temporarily detained or imprisoned to use telephones or other communication means to communicate or exchange information with others (including inside and outside detention centers), except in special cases to serve investigative requirements and must obtain the consent of the Head of the Investigation Agency or Deputy Head of the Investigation Agency.

Section 2
RESPONSIBILITIES OF INVESTIGATORS IN HANDLING COMPLAINTS AND REPORTS OF CRIMES
AND PROPOSING THE INITIATION OF CRIMINAL CASES AND INVESTIGATION OF CRIMINAL CASESAND INVESTIGATING CRIMINAL CASES

Article 32. Construction and Implementation of Plans

1. When assigned to conduct inspections, verifications of criminal accusations, reports, and recommendations for prosecution and criminal investigations, the Investigator (principal handler) shall be responsible for constructing and implementing plans that have been approved by the Head or Deputy Head of the Investigation Agency. The Investigator must regularly report on progress and results to the Head or Deputy Head of the Investigation Agency.

2. During the implementation of the plan, if new issues arise outside the scope of the plan, the Investigator must report in writing to the Head or Deputy Head of the Investigation Agency to seek guidance; in cases where delay cannot be tolerated, the Investigator may report directly orally or through communication means (such as telephone, email, etc.), but must ensure confidentiality and subsequently report in writing to file the case work records.

Article 33. Implementation of Guidance Opinions of the Head or Deputy Head of the Investigation Agency

1. Guidance opinions of the Head or Deputy Head of the Investigation Agency must be expressed in writing; in cases of direct oral guidance, the Investigator must record it specifically and clearly in writing, with confirmation from the Head or Deputy Head of the Investigation Agency and include it in the case file (AK file).

2. In cases where there is disagreement with the guidance opinion of the Head or Deputy Head of the Investigation Agency, the Investigator has the right to make a recommendation; if the Head or Deputy Head of the Investigation Agency does not agree with the recommendation, the Investigator still must comply, but retains the right to reserve their opinion and recommend it to the Head of the superior Investigation Agency or the Head of the managing sector.

Article 34. Implementation of Decisions and Orders Regarding Criminal Procedure of the Head or Deputy Head of the Investigation Agency and Conducting Investigation Measures as Provided for in the Code of Criminal Procedure

1. The Investigator is responsible for organizing and strictly implementing decisions and orders regarding criminal procedure of the Head or Deputy Head of the Investigation Agency as stipulated in the Code of Criminal Procedure 2003 and detailed guiding documents.

2. When proposing the Head or Deputy Head of the Investigation Agency to decide on criminal procedure for individuals with special personal circumstances, the Investigator must follow the provisions set out in Circular No. 01/2006/TT-BCA(C11) dated January 12, 2006 of the Ministry of Public Security guiding the implementation of certain contents of Article 35 of the Code of Criminal Procedure 2003 (Circular No. 01/2006/TT-BCA(C11) dated January 12, 2006) and Decision No. 1044/2007/QĐ-BCA(C11) dated September 5, 2007 of the Minister of Public Security promulgating regulations on assigning responsibilities and coordinating relationships in investigation activities of the Investigation Police at all levels.

3. When executing arrest warrants, searches, seizures of assets, confiscation of property, and evidence during criminal investigations as assigned by the Head or Deputy Head of the Investigation Agency, the Investigator is responsible for:

a) Constructing and implementing according to the plan approved by the Head or Deputy Head of the Investigation Agency, adhering to the provisions of the Code of Criminal Procedure 2003 and guiding documents when executing;

b) After executing the arrest warrant, search, the seizure, preservation, and processing of evidence must be carried out strictly in accordance with Articles 75 and 76 of the Code of Criminal Procedure 2003;

c) Strictly prohibiting Investigators from self-storing assets or evidence of the case (except for evidence stored in the case file); if the Investigator needs to use evidence for investigative work against suspects or defendants to clarify criminal acts, they must obtain approval from the Head or Deputy Head of the Investigation Agency, and after use, must store the evidence according to regulations.

4. During the execution of arrest warrants, searches, seizures, confiscations, temporary detentions, transfers of documents, evidence, Investigators must not cause damage, loss, confusion, nor switch, substitute documents, evidence, seized items; they must complete handover procedures for evidence, items, and objects according to legal regulations, and immediately include the minutes in the case file.

5. The extraction, escort of arrested persons, defendants, and leading witnesses must be carried out strictly in accordance with legal procedural regulations and the Ministry of Public Security's regulations on extraction, escort, leading, and plans approved by the Head or Deputy Head of the Investigation Agency. During the escort process, the arrested person or defendant must not meet relatives or unauthorized persons or return home to visit family to ensure absolute safety of life and health and prevent escape, collusion, or suicide.

6. When conducting investigative measures such as scene examinations, autopsy, examination of physical evidence, searches, taking statements from witnesses, victims; requesting expert opinions, interrogating defendants, identification, confrontation... the Investigator must carry out strictly according to the procedures and formalities prescribed by criminal procedural laws and plans approved by the Head or Deputy Head of the Investigation Agency; establish minutes in accordance with the provisions of the criminal procedural law, without arbitrarily modifying, adding, or subtracting content from investigation activity minutes.

Article 35. Summoning Participants in Criminal Proceedings

When summoning suspects under bail, witnesses, victims, civil plaintiffs, civil defendants, or persons with interests and obligations related to the case for questioning or taking statements, investigators must comply strictly with the procedures and formalities stipulated in the Criminal Procedure Code of 2003, Circular Joint No. 01/2006/TT-BCA(C11) dated January 12, 2006, and other relevant regulatory legal documents; during the process of summoning, attention should be paid to:

1. There must be a summons for suspects under bail, witnesses, victims, civil plaintiffs, civil defendants, or persons with interests and obligations related to the case according to a list and plan approved by the Head or Deputy Head of the Investigation Agency. The summons must contain all necessary information about the summoning and the capacity of participation in criminal proceedings of the person being summoned.

2. The summons for suspects under bail, witnesses, victims, civil plaintiffs, civil defendants, or persons with interests and obligations related to the case must be sent to the People's Committee of the commune, ward, town (through the police station of the commune, ward, town) where the person being summoned resides, or the agency or organization managing the person being summoned so that these agencies can forward it to them.

3. Investigators are not allowed to hand over the summons to suspects under bail, victims, witnesses, or persons related to the case to deliver to suspects under bail, civil plaintiffs, civil defendants, or persons with interests and obligations related to the case. In cases of necessity and with the consent of the Head or Deputy Head of the Investigation Agency, the investigator may accompany representatives of local authorities to deliver the summons.

4. Investigators must meet and work with the person being summoned at the headquarters of the public security agency or the People's Committee of the commune, ward, town, or the workplace of the person being summoned. If it is necessary to meet and work with the person being summoned outside the specified locations, this must be agreed upon by the Head or Deputy Head of the Investigation Agency.

Article 36. Relationship between Investigators and the Prosecution, Prosecutors in Criminal Investigation Activities

1. Investigators assigned to investigate a case, when conducting investigation activities, have the responsibility to send decisions or orders regarding criminal proceedings to the same-level prosecution agency as prescribed by criminal procedure law.

2. According to the directives of the Head or Deputy Head of the Investigation Agency, investigators assigned to investigate a case have the responsibility to implement investigation requests from the prosecution agency as stipulated in the Criminal Procedure Code of 2003 and Circular Joint No. 05/2005/TTLT-VKSNDTC-BCA-BQP dated September 7, 2005 of the Supreme People's Procuracy, Ministry of Public Security, and Ministry of Defense on the coordination relationship between the Investigation Agency and the Prosecution Agency in implementing certain provisions of the Criminal Procedure Code of 2003 (Circular Joint No. 05/2005/TTLT-VKSNDTC-BCA-BQP dated September 7, 2005). If the investigation request from the prosecution agency does not align with the directive of the Head or Deputy Head of the Investigation Agency, the investigator has the responsibility to report to the Head or Deputy Head of the Investigation Agency and follow the directive of the Head or Deputy Head of the Investigation Agency.

3. Investigators must create favorable conditions for prosecutors to perform their duties of supervising compliance with the law in criminal investigation activities and cooperate in conducting some investigative activities as prescribed by law.

4. During the course of investigating a case, if any signs or actions inconsistent with legal regulations by prosecutors are discovered, the investigator must promptly report in writing to the Head or Deputy Head of the Investigation Agency for handling in accordance with the law.

Article 37. Responsibilities of Investigators regarding the exercise of rights and obligations of participants in criminal proceedings

1. Investigators shall be responsible for ensuring that participants in criminal proceedings exercise their rights and fulfill their obligations as prescribed by law.

2. During the investigation of a criminal case, when conducting work with participants in criminal proceedings, investigators must explain to these individuals about their rights and obligations as prescribed by law, and such explanations must be clearly recorded in the investigative activity record.

3. When defense counsel, representatives of the interests of the parties, or legal aid assistants participate in criminal proceedings, investigators shall implement the provisions of the Criminal Procedure Code 2003, the Legal Aid Law 2006, Circular Joint No. 10/2007/TTLT-BTP-BCA-BQP-BTC-VKSNDTC-TANDTC dated December 28, 2007 issued by the Ministry of Justice, Ministry of Public Security, Ministry of Defense, Ministry of Finance, Supreme People's Procuracy, Supreme People's Court guiding the application of certain provisions on legal aid in litigation activities, and Circular No. 70/2011/TT-BCA dated October 10, 2011 issued by the Minister of Public Security detailing the implementation of relevant provisions of the Criminal Procedure Code concerning the guarantee of the right to defense during the investigation stage of a criminal case and related regulatory legal documents. ect 4. Investigators shall be responsible for coordinating with detention center staff or temporary holding facility staff to ensure the activities of defense counsel or other participants in criminal proceedings as prescribed by law when they meet with persons under temporary detention or defendants under temporary imprisonment.

Article 38. Responsibilities of Investigators in handling violations by defense counsel, representatives of the interests of the parties, or legal aid assistants

1. When discovering that defense counsel, representatives of the interests of the parties, or legal aid assistants have acts obstructing or creating difficulties for investigative activities such as coercing, inciting others to give false statements, hindering statements, disclosing secrets, providing false documents, making unfounded complaints or proposals, or engaging in other unlawful acts, investigators shall proceed to record the incident, may record audio or video, or take other measures to collect evidence proving their obstructive or difficult-making acts.

2. Depending on the severity of the violation by defense counsel, representatives of the interests of the parties, or legal aid assistants, investigators shall report to the Head or Deputy Head of the Investigative Agency to issue a decision to revoke the Certificate of Defense Counsel, Certificate of Representative of the Interests of the Parties, or propose other measures for handling according to the law.

Article 39. Responsibilities of Investigators in drafting the report concluding the investigation and the investigative conclusion of a criminal case

1. Upon completion of the investigation of a criminal case, the investigator (principal handler) must prepare a report concluding the investigation and propose to the Head or Deputy Head of the Investigative Agency for guidance directives. The report concluding the investigation must clearly state the course of events in the case, evaluate evidence proving the crime and the actions of the offender, the investigator's viewpoint on the handling of the case, and the handling of the defendant (if there are differing viewpoints among investigators on the handling of the case or the defendant, each type of differing opinion must be reported separately).

2. The draft investigative conclusion recommending prosecution or the investigative conclusion for deciding to terminate the investigation of the case, prepared by the investigator (principal handler), shall be submitted for approval and signature by the Head or Deputy Head of the Investigative Agency. The investigator shall carry out the handover of these documents to the participants in the criminal proceedings according to the law.

2. The draft investigation conclusion recommending prosecution or the investigation conclusion for deciding to terminate the investigation of the case, prepared by the Investigator (the main handler), shall be submitted for approval and signature by the Head or Deputy Head of the Investigation Department. The Investigator shall carry out the handover of these documents to the parties involved in the criminal proceedings in accordance with the provisions of the law.

Article 40. Responsibilities of Investigators in Implementing Supplementary Investigation Requests and Reinvestigations of Criminal Cases

1. When directed by the Head or Deputy Head of the Investigative Agency, the assigned Investigator must continue to implement supplementary investigation or reinvestigation requests made by the Prosecution Office or Court.

2. The Investigator must prepare a plan for supplementary investigation or reinvestigation, submit it for approval by the Head or Deputy Head of the Investigative Agency. The reinvestigation or supplementary investigation must be conducted in accordance with the procedures stipulated by criminal procedure laws. Upon completion of the supplementary investigation or reinvestigation, the Investigator must draft a supplementary investigation conclusion or reinvestigation conclusion for submission to the Head or Deputy Head of the Investigative Agency for approval and signature.

3. After completing the investigation and transferring the supplementary investigation or reinvestigation dossier to the Prosecution Office for prosecution, the Investigator must monitor and report promptly on the subsequent handling results of the Prosecution Office and Court to the Head or Deputy Head of the Investigative Agency to timely propose recommendations regarding the handling outcomes of the Prosecution Office and Court if they are deemed inconsistent with legal provisions.

Article 41. Responsibilities of Investigators in Using Criminal Procedure Forms and Seals of the Investigative Agency

1. Investigators must use criminal procedure forms for their intended purpose and target, handle them carefully; they may not stamp blank seals on criminal procedure forms or allow others to use such forms.

2. When assigned to handle a case investigation, the Investigator must stamp the Investigative Agency seal on activity records they have prepared or decisions on criminal proceedings signed by authorized Investigators according to Circular Joint No. 01/2006/TT-BCA(C11) dated January 12, 2006.

3. Stamping the index seal on case files' documents before concluding the investigation shall be carried out by the Investigator in accordance with Point 1, Section 20 of Circular Joint No. 05/2005/TTLT-VKSNDTC-BCA-BQP dated September 7, 2005.

Article 42. Responsibilities of Investigators in Coordinating to Monitor Detained Persons

1. In cases where the Investigator discovers unauthorized persons meeting detained individuals within the Detention Center or Temporary Holding Facility premises, the Investigator must immediately discuss with the Detention Center Director or Temporary Holding Facility Chief to record this in a protocol; simultaneously, report directly to the Head or Deputy Head of the Investigative Agency for timely guidance.

2. If due to operational requirements, the Head or Deputy Head of the Investigative Agency agrees, the Investigator may directly accept gifts or daily necessities for detained individuals and transfer them to the Detention Center or Temporary Holding Facility for handover to the responsible department of the Detention Center or Temporary Holding Facility to deliver to the detained individuals in accordance with regulations.

Article 43. Responsibilities of Investigators in Monitoring the Criminal Case Trial Process by Courts

When the case is brought to trial, if necessary, the Head or Deputy Head of the Investigative Agency will coordinate with the Court to issue an invitation for the primary Investigator to attend the trial session. The primary Investigator is responsible for monitoring the trial process and outcome, and promptly reporting to the Head or Deputy Head of the Investigative Agency to direct coordination in addressing new issues arising during the trial.

Article 44. Responsibilities of Investigators in registering and managing criminal case files

1. When assigned to handle reports of crimes, information about criminal offenses, requests for prosecution initiation, or to investigate a case, the Investigator (principal handler) must register in the unit's case logbook, complete the procedures for registering the file with the file management agency, and be responsible for strictly managing the procedural file of the case and completing the procedures for registering the AK file and the wanted person file (if applicable). The file shall be submitted for storage upon completion of the investigation in accordance with the Law on Archives and the regulations of the Ministry of Public Security regarding the file work system.

2. For the procedural file and evidence of the criminal case when transferring to the Prosecutor's Office for prosecution recommendation, the Investigator must prepare a record of handover of the file and evidence, accompanied by a complete list of documents and evidence. Documents not included in the procedural file shall be placed in the AK file to be submitted for storage at the business file management agency.

Chapter VII
IMPLEMENTING PROVISIONS

Article 45. Effective Date

This Circular takes effect from August 25, 2014, replacing previous regulations of the Ministry of Public Security concerning criminal investigation activities within the People's Public Security that conflict with this Circular.

Article 46. Responsibility for Implementation

1. Directors of General Departments, Heads of units directly under the Ministry, Provincial Police Chiefs, Fire Prevention and Fighting Chiefs of centrally governed cities, Heads of Investigation Agencies, and Heads of agencies tasked with conducting certain investigative activities within the People's Public Security within their functional and operational scope are responsible for organizing the implementation of this Circular.

2. The Department of Legal Affairs and Administrative Reform, Second General Bureau of Security, General Bureau of Crime Prevention and Suppression are responsible for coordinating with relevant units to monitor, inspect, and guide the implementation of this Circular.

3. In the course of implementing this Circular, if there are any difficulties, local police units shall report to the Ministry (through the Second General Bureau of Security, General Bureau of Crime Prevention and Suppression) for timely guidance./.

THE MINISTER

Tran Dai Quang General

 

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28/2014/TT-BCA
Circular No. 28/2014/TT-BCA on criminal investigation work in the People's Public Security Force
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