Chương I Luật Tổ chức cơ quan điều tra hình sự 2015: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the principles for organization of criminal investigations; the organizational apparatus, tasks and powers of investigating bodies; the tasks and powers of agencies assigned to conduct a number of investigating activities; investigators and other job titles in criminal investigation; the division of responsibility for, and coordination and control in, criminal investigation; the assurance of conditions for criminal investigation activities and the responsibilities of related agencies, organizations and individuals.

Article 2. Subjects of application

1. Investigating bodies and agencies tasked to conduct a number of investigating activities.

2. Heads, deputy heads, investigators, investigating officers of investigating bodies; heads, deputy heads and investigating officers of agencies tasked to conduct a number of investigating activities.

3. Related agencies, organizations and individuals.

Article 3. Principles of organization of criminal investigations

1. Compliance with the Constitution and law.

2. Assurance of the centralized, unified and effective direction and command; the clear and specialized division of responsibilities and decentralization of powers, overlapping avoidance and strict control; the timely, prompt, accurate, objective, comprehensive and adequate investigations, without leaving any crimes unpunished and injustice done to innocent people.

3. Submission of subordinate investigating bodies to the professional guidance and direction of their superior investigating bodies; accountability of individuals to their superiors and law for their acts and decisions.

4. Performance of criminal investigation activities only by competent agencies or persons defined in this Law.

Article 4. System of investigating bodies

1. Investigating bodies of the People’s Public Security.

2. Investigating bodies of the People’s Army.

3. Investigating bodies of the Supreme People’s Procuracy.

Article 5. Investigating bodies of the People’s Public Security

1. The Investigating Security Office of the Ministry of Public Security; the investigating security offices of the Public Security Departments of provinces or centrally run cities (below referred collectively to as the investigating security offices of the provincial-level Public Security Departments).

2. The Investigating Police Office of the Ministry of Public Security; the investigating police offices of the Public Security Departments of provinces or centrally run cities (below referred collectively to as investigating police offices of the provincial-level Public Security Departments); the investigating police offices of the Public Security Sections of rural districts, urban districts, towns, provincial cities, cities of centrally run cities (below referred collectively to as the district-level investigating police offices).

Article 6. Investigating bodies of the People’s Army

1. The Investigating Security Office of the Ministry of National Defense; the investigating security offices of military zones and the equivalent.

2. The Criminal Investigation Office of the Ministry of National Defense; the criminal investigation offices of military zone and the equivalent; the regional criminal investigation offices.

Article 7. Investigating bodies of the Supreme People’s Procuracy

1. The Investigating Office of the Supreme People’s Procuracy.

2. The investigating office of the Central Military Procuracy.

Article 8. Tasks and powers of investigating bodies

1. To receive and settle denunciations and reports on crimes and to propose the institution of criminal cases.

2. To receive case files transferred by agencies tasked to conduct a number of investigating activities.

3. To investigate crimes, apply every measure prescribed by law to detect and identify crimes and offenders; to compile files and propose the prosecution.

4. To identify causes of, conditions for, commission of crimes and request concerned agencies and organizations to apply remedial and deterrent measures.

Article 9. Agencies tasked to conduct a number of investigating activities

1. The border-guard agencies tasked to conduct a number of investigating activities include the Border-Guard Reconnaissance Department; the Drug and Crime Prevention and Control Department; the Crime and Drug Prevention and Control Task Force; provincial-level Border- Guard Command Posts; Port Border-Gate Guard Command Posts; and Border-Guard Stations.

2. The customs offices tasked to conduct a number of investigating activities include the Anti- Smuggling Investigation Department; the Post-Customs Clearance Inspection Department; provincial, inter-provincial and municipal Customs Departments; and Border-Gate Customs Sub-Departments.

3. The forest protection offices tasked to conduct a number of investigating activities include the Forest Protection Department; Regional Forest Protection Sub-Departments; provincial-level Forest Protection Sub-Departments; and district-level Forest Protection Sections.

4. The marine police agencies tasked to conduct a number of investigating activities include the Marine Police Command Post; regional Marine Police Command Posts; the Operation and Law Department; the Drue-Related Crime Prevention and Control Task Force; naval fleets; naval flotillas; and operation teams.

5. The fisheries surveillance offices tasked to conduct a number of investigating activities include the Fisheries Surveillance Department and regional Fisheries Surveillance Sub-Departments.

6. The People’s Public Security offices tasked to conduct a number of investigating activities include the Immigration Department; the Security Operation Departments of the Ministry of Public Security; the Immigration Sections; the Security Operation Sections of the Public Security Departments of provinces or centrally run cities (below referred collectively to as the provincial-level Public Security Departments) and the security teams of the Public Security Sections of rural districts, urban districts, towns, provincial cities, cities of centrally run cities (below referred collectively to as the district-level Public Security Sections); the Traffic Police Department; the Fire Prevention and Fighting, Salvage and Rescue Police Department; the Environment-Related Crime Prevention and Control Department; the Hi-Tech Crime Prevention and Control Department; the Traffic Police Sections; the Fire Prevention and Fighting, Salvage and Rescue Police Sections; the Environment-Related Crime Prevention and Fighting Police Sections; the Hi-Tech Crime Prevention and Control Police Sections; the provincial-level Fire Prevention and Fighting Police Departments; and the detention camps.

7. Other People’s Army offices tasked to conduct a number of investigating activities include detention camps, independent units of regiment and the equivalent.

Article 10. Tasks and powers of agencies tasked to conduct a number of investigating activities

Agencies tasked to conduct a number of investigating activities, when performing tasks in the fields under their management and receipt of denunciations or reports on crimes or detecting criminal acts serious enough for penal liability examination, shall conduct activities of examination, verification and investigation in accordance with the Criminal Procedure Code and this Law.

Article 11. Supervision of the law observance in investigating activities

1. The procuracies shall supervise the law observance in investigating activities with a view to ensuring that the investigating activities of the investigating bodies and agencies tasked to conduct a number of investigating activities comply with the Criminal Procedure Code and this Law; detect in time and request or propose the investigating bodies or agencies tasked to conduct a number of investigating activities to redress law violations in investigating activities.

2. The investigating bodies and the agencies tasked to conduct a number of investigating activities shall comply with requests and decisions of the procuracies in accordance with the Criminal Procedure Code; examine, settle and reply to requests of the procuracies in accordance with law.

Article 12. Responsibilities of agencies, organizations and individuals in criminal investigation activities

1. Agencies, organizations and individuals have the right and duty to detect, denounce and report on criminals, criminal acts, to propose the institution of criminal cases; have the responsibility to implement requests and decisions of, and create conditions for, the investigating bodies, agencies tasked to conduct a number of investigating activities and persons competent to conduct criminal investigation to perform their tasks and exercise their powers in criminal investigation activities.

2. State agencies shall immediately notify the investigating bodies of every criminal act occurring in their offices and the fields under their respective management; have the right to request and transfer relevant documents to the investigating bodies for examination and institution of criminal cases against offenders; comply with the requests of, and create conditions for, the investigating bodies, agencies tasked to conduct a number of investigating activities or persons competent to conduct criminal investigation to perform their investigating tasks.

3. Investigating bodies and agencies tasked to conduct a number of investigating activities shall receive, examine and settle denunciations and reports on crimes, propose the institution of criminal cases; notify the settlement results to agencies, organizations and individuals that have denounced or reported on crimes and apply necessary measures to protect crime denouncers.

Article 13. Supervision by people-elected bodies, organizations and deputies of criminal investigation activities

The National Assembly and its agencies, delegations of National Assembly deputies, National Assembly deputies, People’s Councils, People’s Council deputies, Vietnam Fatherland Front Committees and member organizations of the Front shall supervise investigating activities of the investigating bodies and agencies tasked to conduct a number of investigating activities, persons competent to conduct criminal investigation in accordance with law.

Within the scope of their respective responsibilities, the investigating bodies and agencies tasked to conduct a number of investigating activities shall examine and settle requests and proposals and notify the settlement results to agencies, organizations and individuals that have made such requests or proposals in accordance with law.

Article 14. Prohibited acts

1. Falsifying case files; conducting criminal liability examination against persons who do not commit criminal acts; failing to conduct penal liability examination against persons who commit criminal acts which are subject to criminal liability examination; issuing decisions in contravention of law; forcing other persons to act against the law; disclosing case investigation secrets; illegally intervening into the criminal investigation.

2. Forcing persons to give testimonies, applying corporal punishment and forms of torture or barbarous and inhuman treatment, penalties or humiliation or any acts infringing upon the legitimate rights and interests of agencies, organizations and individuals.

3. Preventing arrestees, persons held in custody or the accused from exercising their right to self-defense, asking lawyers or other persons to defend them or render legal aid; from filing complaints or denunciations; or from receiving compensations for material and spiritual damage or getting honor rehabilitation.

4. Preventing defense counsels or legal aid providers from making the defense or providing legal aid in accordance with law.

5. Opposing, hindering or organizing, inducing, inciting or forcing others to oppose or hinder criminal investigation activities; infringing upon the lives, health, honor, dignity and property of official-duty performers in criminal investigation.