Resolution No. 727/2004/NQ-UBTVQH11 on the Implementation of the Ordinance on Criminal Investigation Organization

RESOLUTION

Regarding the Implementation of the Ordinance on Criminal Investigation Organization

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

Pursuant to the proposal of the Government;

RESOLUTION:

Article 1. The Ordinance on Criminal Investigation Organization was adopted by the Standing Committee of the National Assembly on August 20, 2004, and shall take effect from October 1, 2004.

Article 2. Criminal cases that have been accepted for investigation by investigative agencies within the Public Security Force, People's Armed Forces, and the Supreme People's Procuracy according to their jurisdiction before October 1, 2004, but which, under the 2004 Ordinance on Criminal Investigation Organization, do not fall within the jurisdiction of these agencies if the investigation has not yet been concluded, shall continue to be investigated until completion and then transferred to the same-level People's Procuracy for resolution.

Article 3.

1. Criminal cases involving minor offenses where the crime was committed in flagrante delicto, with clear evidence and identity of the offender, which were accepted for investigation by the Border Guard and Forest Rangers according to their jurisdiction before October 1, 2004, but which, under the 2004 Ordinance on Criminal Investigation Organization, do not fall within the jurisdiction of these agencies if the investigation has not yet been concluded, shall continue to be investigated until completion and then transferred to the People's Procuracy with jurisdiction for resolution.

2. Criminal cases involving serious, very serious, extremely serious offenses, or minor offenses but complex ones, which were accepted for investigation by the Border Guard, Forest Rangers, other agencies of the Public Security Force, and People's Armed Forces assigned to conduct certain investigative activities according to their jurisdiction before October 1, 2004, but which, under the 2004 Ordinance on Criminal Investigation Organization, do not fall within the jurisdiction of these agencies, shall continue to conduct initial investigative activities and then transfer the case files to the investigative agency with jurisdiction.

Article 4.

1. Investigators appointed before October 1, 2004, shall continue to perform their duties until October 1, 2007.

2. Investigators appointed before October 1, 2004, who, upon reappointment, do not have a bachelor's degree in security, police, law, or a professional qualification in investigation, but meet all other criteria specified in the 2004 Ordinance on Criminal Investigation Organization, may still be selected and reappointed as Investigators; during the new term, they must study to obtain a bachelor's degree in security, police, or law.

3. From the date the 2004 Ordinance on Criminal Investigation Organization takes effect until September 30, 2009, the criterion for work experience in law to consider and appoint as a Junior Investigator is three years or more.

Article 5. The Government and the Supreme People's Procuracy, within the scope of their respective responsibilities, shall be responsible for implementing and guiding the implementation of this Resolution.