Circular No. 41/2009/TT-BCA-V19 supplements Circular No. 12/2004/TT-BCA(V19) dated September 23, 2004, issued by the Minister of Public Security guiding the implementation of certain provisions of the Criminal Investigation Organization Ordinance 2004 within the People's Public Security.

CIRCULAR

Supplement Circular No. 12/2004/TT-BCA(V19) dated September 23, 2004, issued by the Minister of Public Security guiding the implementation of

 certain provisions of the Criminal Investigation Organization Ordinance 2004 within the People's Public Security Force

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THE MINISTER OF PUBLIC SECURITY

Pursuant to the Criminal Investigation Organization Ordinance 2004; the Ordinance amending and supplementing certain articles of the Criminal Investigation Organization Ordinance adopted by the Standing Committee of the National Assembly on February 27, 2009;
Pursuant to Decree No. 136/2003/NĐ-CP dated November 14, 2003, issued by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
To implement accurately and uniformly the Criminal Investigation Organization Ordinance 2004 and the Ordinance amending and supplementing certain articles of the Criminal Investigation Organization Ordinance adopted by the Standing Committee of the National Assembly on February 27, 2009 (hereinafter referred to as the Amended and Supplementary Ordinance 2009) within the People's Public Security Force, the Ministry of Public Security guides the implementation of Clause 3, Article 1 of the Amended and Supplementary Ordinance 2009 as follows:

1. Supplement at the end of Point 2.1, Section II of Circular No. 12/2004/TT-BCA(V19) dated September 23, 2004, issued by the Minister of Public Security guiding the implementation of certain provisions of the Criminal Investigation Organization Ordinance 2004 within the People's Public Security Force as follows:

"2.1. The tasks and powers of investigation of other agencies of the People's Police Force assigned to carry out some investigative activities.

According to the Criminal Investigation Organization Ordinance and Resolution No. 727/2004/NQ-UBTVQH11 dated August 20, 2004, of the Standing Committee of the National Assembly, from October 1, 2004, the Highway Traffic Police Corps, Waterway Traffic Police Corps, Fire Prevention and Control Corps, Administrative Management Police Corps for Social Order, Judicial Protection and Support Police Corps, Highway Traffic Police Division, Waterway Traffic Police Division, Fire Prevention and Control Police Division, Administrative Management Police Division for Social Order, Judicial Protection and Support Police Division, temporary detention centers, and prisons are other agencies of the People's Police Force assigned to carry out some investigative activities. These units have the tasks and powers of investigation as follows:

a. The Highway Traffic Police Corps and Highway Traffic Police Division, while performing their duties, if they discover incidents with signs of crimes specified in Articles 202, 203, 204, 205, 206, 207, 208, 209, 210, and 211 of the Penal Code, then the Director of the Highway Traffic Police Corps and the Head of the Highway Traffic Police Division shall issue a decision to initiate criminal proceedings, take statements, inspect the scene, search, seize, temporarily detain, and preserve evidence and materials directly related to the case, transfer the case file to the competent Criminal Investigation Agency (as stipulated in Article 11 of the Criminal Investigation Organization Ordinance) within seven days from the date of issuing the decision to initiate criminal proceedings;

b. The Waterway Traffic Police Corps and Waterway Traffic Police Division, while performing their duties, if they discover incidents with signs of crimes specified in Articles 212, 213, 214, and 215 of the Penal Code, then the Director of the Waterway Traffic Police Corps and the Head of the Waterway Traffic Police Division shall issue a decision to initiate criminal proceedings, take statements, inspect the scene, search, seize, temporarily detain, and preserve evidence and materials directly related to the case, transfer the case file to the competent Criminal Investigation Agency within seven days from the date of issuing the decision to initiate criminal proceedings;

c. The Fire Prevention and Control Corps and Fire Prevention and Control Police Division, while performing their duties, if they discover incidents with signs of crimes specified in Articles 232, 234, 238, 239, and 240 of the Penal Code, then the Director of the Fire Prevention and Control Corps and the Head of the Fire Prevention and Control Police Division shall issue a decision to initiate criminal proceedings, take statements, inspect the scene, search, seize, temporarily detain, and preserve evidence and materials directly related to the case, transfer the case file to the competent Criminal Investigation Agency (as stipulated in Article 11 of the Criminal Investigation Organization Ordinance) within seven days from the date of issuing the decision to initiate criminal proceedings;

d. The Administrative Management Police Corps for Social Order and Administrative Management Police Division for Social Order, while performing their duties, if they discover incidents with signs of crimes specified in Articles 230, 232, 233, 234, 240, 245, 257, 266, 267, 268, and 273 of the Penal Code, then the Director of the Administrative Management Police Corps for Social Order and the Head of the Administrative Management Police Division for Social Order shall issue a decision to initiate criminal proceedings, take statements, inspect the scene, search, seize, temporarily detain, and preserve evidence and materials directly related to the case, transfer the case file to the competent Criminal Investigation Agency (as stipulated in Article 11 of the Criminal Investigation Organization Ordinance) within seven days from the date of issuing the decision to initiate criminal proceedings;

e. The Judicial Protection and Support Police Corps and Judicial Protection and Support Police Division, while performing their duties, if they discover incidents with signs of crimes specified in Articles 245, 257, 305, 306, 311, and 312 of the Penal Code, then the Director of the Judicial Protection and Support Police Corps and the Head of the Judicial Protection and Support Police Division shall issue a decision to initiate criminal proceedings, take statements, inspect the scene, search, seize, temporarily detain, and preserve evidence and materials directly related to the case, transfer the case file to the competent Criminal Investigation Agency (as stipulated in Article 11 of the Criminal Investigation Organization Ordinance) within seven days from the date of issuing the decision to initiate criminal proceedings;

e. In the course of performing their duties, detention centers and prisons, upon discovering detainees or prisoners under temporary detention, pre-trial detention, or serving a custodial sentence committing criminal acts within the jurisdiction of the Criminal Investigation Agency as stipulated in Article 11 of the Ordinance on the Organization of Criminal Investigation, the Warden of the Detention Center or the Warden of the Prison shall issue a decision to initiate a criminal investigation, take statements, examine the scene, search, seize, temporarily detain and preserve evidence and documents directly related to the case, and transfer the case file to the competent Criminal Investigation Agency (as provided for in Article 11 of the Ordinance on the Organization of Criminal Investigation) within seven days from the date of issuing the decision to initiate the criminal investigation. In the event that a prisoner serving a custodial sentence at a prison escapes, the Warden of the Prison shall issue a decision to issue an arrest warrant.

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h. The Environmental Police Department and the Environmental Police Division, while performing their duties, upon discovering circumstances indicative of criminal offenses as stipulated in Chapter XVII of the Penal Code, the Director of the Environmental Police Department and the Head of the Environmental Police Division shall issue a decision to initiate a criminal investigation, take statements, examine the scene, search, seize, temporarily detain and preserve evidence and documents directly related to the case, and transfer the case file to the competent Criminal Investigation Agency (as provided for in Article 11 of the Ordinance on the Organization of Criminal Investigation) within seven days from the date of issuing the decision to initiate the criminal investigation.

2. This Circular shall take effect forty-five days from the date of signature.

The Directors of the General Police Departments, Heads of units under the Minister, Provincial Police Chiefs, Chief of Fire Prevention, Firefighting and Rescue Service of Ho Chi Minh City shall be responsible for implementing this Circular.

During the implementation of this Circular, if any difficulties or obstacles arise, local police units shall report to the Ministry (through the General Police Department) for timely guidance./.