Decree No. 70/2013/ND-CP amending and supplementing certain articles of the Regulation on the management of evidence storage facilities issued together with Decree No. 18/2002/ND-CP dated February 18, 2002 of the Government.

DECREE

Amending and supplementing certain provisions of the Regulation on the management of evidence storage facilities

issued together with Decree No. 18/2002/NĐ-CP dated February 18, 2002 of the Government

tháng 02 năm 2002 của Chính phủ

Pursuant to the Government Organization Law 2001;

Pursuant to the Criminal Procedure Code 2003;

Pursuant to the Civil Procedure Code 2004, and the Law Amending and Supplementing Certain Provisions of the Civil Procedure Code 2011;

Pursuant to the Civil Enforcement Law 2008;

Pursuant to the Administrative Procedure Code 2010;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree amending and supplementing certain provisions of the Regulation on the management of evidence storage facilities issued together with Decree No. 18/2002/NĐ-CP dated February 18, 2002 of the Government,

Article 1. Amending and supplementing certain provisions of the Regulation on the management of evidence storage facilities issued together with Decree No. 18/2002/NĐ-CP dated February 18, 2002 of the Government:

1. Clause 4 shall be amended and supplemented as follows:

"1. Each provincial police force, district police force, town police force, city police force under a province, each provincial-level police force, and central-level city police force shall establish one evidence storage facility; at the Ministry of Public Security, two evidence storage facilities (one in the North and one in the South) shall be established to serve investigative and prosecution work for criminal cases.

2. The Minister of Public Security shall decide on the establishment, scale, construction standards, and internal regulations of evidence storage facilities within the People's Public Security forces."

a) A customs declaration form for imported goods according to the information criteria specified in Model No. 01 - Declaration Form for Imported Goods attached as Appendix I to Circular No. 39/2018/TT-BTC dated April 20, 2018, issued by the Minister of Finance.

"1. Each military region (and equivalent level) and at the Ministry of National Defense shall organize one evidence storage facility to serve investigative, prosecution, trial, and enforcement work within the scope of authority in the People's Army; each provincial military command, municipal military command directly under the Central Government, Military Command of Hanoi City, and Military Command of Ho Chi Minh City (hereinafter referred to collectively as provincial-level military commands) shall organize one evidence storage facility within the weapons and technical equipment warehouse of the provincial-level military command to receive and store evidence that are military firearms, explosives, flammable materials from agencies handling cases within their jurisdiction.

2. The Minister of National Defense shall decide on the establishment, scale, construction standards, and internal regulations of evidence storage facilities within the People's Army."

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

"1. Each civil execution office of a province or centrally governed municipality and each civil execution sub-office of a district, town, or centrally governed city shall organize one evidence storage facility to serve trial and enforcement work.

2. The Minister of Justice shall decide on the establishment, scale, construction standards, and internal regulations of evidence storage facilities within civil execution offices."

4. Add Article 6a before Article 7 of Chapter III, as follows:

"Article 6a. Staffing of Evidence Storage Facilities

1. Staffing of evidence storage facilities includes the head of the evidence storage facility and security personnel for the evidence storage facility.

2. The duties and powers of the head of the evidence storage facility are stipulated in Clause 2 of Article 7 of this Regulation; the duties and powers of the security personnel for the evidence storage facility are determined by the head of the agency managing the evidence storage facility. The head of the evidence storage facility and security personnel for the evidence storage facility shall enjoy benefits and policies as provided for in Clause 4 of Article 7 of this Regulation."

5. Point b of Clause 1 of Article 7 is amended and supplemented as follows:

"b) Implement the issuance and receipt of evidence, items, and other documents collected from cases according to the orders of the head of the agency handling the case and the instructions of the head of the agency managing the evidence storage facility."

6. Point d of Clause 1 of Article 8 is amended and supplemented as follows::

"d) Evidence that are money, negotiable instruments, gold, silver, precious metals, gemstones, antiques, firearms, explosives, flammable materials, toxic substances, radioactive materials, animals, plants, and other evidence related to the health sector requiring special storage conditions shall be stored as follows:

- Money, negotiable instruments, gold, silver, precious metals, gemstones, antiques must be sealed and deposited in the state treasury system at the same level where the agency handling the case has its headquarters, absolutely not allowed to circulate.

- Military firearms, explosives, flammable materials must be sealed and deposited in the weapons and technical equipment warehouse of the provincial-level military command where the agency handling the case has its headquarters. Non-military firearms are stored in evidence storage facilities.

- Toxic substances (depending on specific types) must be sealed and deposited in specialized management facilities under the Health, Defense, Public Security, Industry and Trade, Agriculture and Rural Development sectors in the locality.

- Radioactive materials must be sealed and deposited at the Vietnam Institute of Atomic Energy under the Ministry of Science and Technology.

- Animals must be deposited at zoos, wildlife rescue centers, or livestock facilities under the Agriculture sector in the locality.

- Plants must be deposited at forestry agencies, planting companies in the locality.

- Evidence that are bacteria, viruses, harmful parasites, blood samples, tissue samples, human body parts, vaccines, and other evidence related to the health sector requiring special storage conditions must be sealed and deposited in specialized management facilities under the Health sector.

The organizations mentioned above are responsible for immediately accepting, safely storing evidence, items, and documents in accordance with relevant laws and this Regulation. The costs for storage shall be covered by the agency depositing the evidence from the state budget."

7. Clause 2 of Article 8 shall be amended and supplemented as follows:

"2. In cases where due to objective conditions, evidence and assets specified in Points d and e of Clause 1 of this Article cannot be transferred immediately, they must be temporarily received into the evidence storage facility of the agency currently handling the case for storage; once the objective conditions are overcome, they must be transferred immediately."

8. Clause 3 of Article 9 is amended and supplemented as follows:

"3. The agency currently handling the case is responsible for organizing the transportation, storage, and protection of evidence, items, and other documents collected from the case from one evidence storage facility to another or during direct use to serve investigation, prosecution, trial, and enforcement."

9. Article 14 is amended and supplemented as follows:

"The Chairman of the People's Committee of a province or centrally governed municipality is responsible for allocating land and creating favorable conditions for the establishment and management of evidence storage facilities in their locality; directing relevant agencies in the locality to cooperate and ensure security for evidence storage facilities."

Article 2. Implementation clause

1. This Decree takes effect from August 16, 2013.

2. The Ministry of Public Security is responsible for leading and coordinating with relevant ministries and sectors to guide, inspect, and urge the implementation of this Decree.

3. The ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial people's committees under the central government, and related organizations and individuals shall be responsible for implementing this Decree./.