Resolution No. 727/2004/NQ-UBTVQH11 of the Standing Committee of the National Assembly stipulates the implementation of the Ordinance on Criminal Investigation Organization, defines the investigative authority, and sets the time for implementing new provisions.
适用范围
Investigative agencies (People's Public Security, People's Armed Forces), Supreme People's Procuracy, Border Guard, Forest Rangers, Investigators.
要点
- Criminal cases that were accepted for investigation before October 1, 2004 but do not fall under the jurisdiction according to the new Ordinance shall continue to be investigated until completion and transfer of files to competent authorities.
- Investigators appointed before October 1, 2004 shall continue their duties until October 1, 2007, after which they must study to obtain a bachelor’s degree in security, police, or law.
- The standard working period in law to consider and appoint初级部分已翻译完成，以下是剩余部分的翻译：
- The Government and the Supreme People's Procuracy are responsible for implementing and guiding the enforcement of this Resolution.
- Criminal cases involving less serious offenses where the crime is caught in the act, with clear evidence and identity of the offender, shall continue to be investigated until completion if they do not fall under the jurisdiction according to the new Ordinance.
🌐 本文件的社会影响
- Positive impact: Ensuring continuity in the investigation of criminal cases, avoiding disruption to the investigative process.
- Negative impact: It may cause difficulties in implementing new provisions regarding investigative authority and the appointment time for Investigators.
❓ 常见问题
How will criminal cases accepted before October 1, 2004 but not within the jurisdiction according to the new Ordinance continue to be investigated?
These cases will continue to be investigated until completion and transfer of files to competent authorities.
What must Investigators appointed before October 1, 2004 do to maintain their positions?
Such Investigators will continue their duties until October 1, 2007, after which they need to study to obtain a bachelor’s degree in security, police, or law.
What is the standard working period in law to consider and appoint Junior Investigators?
From the date the Ordinance takes effect until September 30, 2009, this standard is three years or more.
Who is responsible for implementing and guiding the enforcement of this Resolution?
The Government and the Supreme People's Procuracy within their respective functions and powers shall implement and guide the enforcement of this Resolution.
How will criminal cases involving less serious offenses caught in the act be investigated?
If they do not fall under the jurisdiction according to the new Ordinance, these cases will continue to be investigated until completion and transfer of files to competent authorities.
全文
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STANDING COMMITTEE OF THE NATIONAL ASSEMBLY |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 727/2004/NQ-UBTVQH11 |
Hanoi, August 20, 2004 |
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.
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SEAL OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY CHAIRMAN (Signed) Nguyen Van An |
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