Chương V Luật Tổ chức cơ quan điều tra hình sự 2015: Nhiệm vụ, quyền hạn của cơ quan được giao nhiệm vụ tiến hành một số hoạt động điều tra

Chapter V

TASKS AND POWERS OF AGENCIES TASKED TO CONDUCT A NUMBER OF INVESTIGATING ACTIVITIES

Article 32. Investigating tasks and powers of the Border Guards

1. If Border Guards, when performing tasks in the fields under their management, detect the crimes prescribed in Chapter XIII and Articles 150, 151, 152, 153, 188, 189, 192, 193, 195, 207, 227, 235, 236, 242, 247, 248, 249, 250, 251,252, 253, 254, 255, 256, 303, 304, 305, 306, 309, 330, 337, 338, 346, 347, 348, 349 and 350 of the Penal Code, which occur in land border areas, the coast, islands and sea areas managed by the Border Guards, the persons defined in Clause 2 of this Article have the following tasks and powers:

a/ For flagrant delicto less serious crimes with clear evidences and life stories of offenders, to decide to institute criminal cases, investigate crime scenes, search and take testimonies of offenders, seize, keep in custody and preserve material evidences and documents directly related to the cases, solicit expert examination when necessary, institute proceedings against the accused, apply other investigating measures prescribed by the Criminal Procedure Code, conclude the investigation and transfer the case files to competent procuracies within one month after the issuance of decisions to institute the cases;

b/ For serious, very serious or particularly serious crimes or less serious but complicated crimes, to decide on institution of criminal cases, investigate crime scenes, search, seize, hold in custody and preserve material evidences and documents directly related to the settlement of cases, take testimonies, solicit expert examination when necessary and transfer the case files to competent investigating bodies within 7 days after the issuance of decisions to institute the cases;

c/ To apply deterrent and coercive measures prescribed in the Criminal Procedure Code.

2. The director of the Border-Guard Reconnaissance Department has the powers provided in Clause 1 of this Article with regard to the crimes prescribed in Chapter XIII of the Penal Code.

The director of the Drug and Crime Prevention and Control Department and the head of the Drug and Crime Prevention and Control Task Force have the powers provided in Clause 1 of this Article with regard to the crimes prescribed in Articles 150, 151, 152, 153, 188, 189, 193, 207, 227, 242, 247, 248, 249, 250, 251, 252, 253, 254, 304, 305, 309, 337, 338, 346, 347, 348, 349 and 350 of the Penal Code.

The commanders of the provincial-level border-guard commands, commanders of port border-gate border-guard offices and heads of border-guard stations have the powers provided in Clause 1 of this Article with regard to the crimes prescribed at Chapter XIII and Articles 150, 151, 152, 153, 188, 189, 193, 207, 227, 242, 247, 248, 249, 250, 251, 252, 253, 254, 304, 305, 309, 337, 338, 346, 347, 348, 349 and 350 of the Penal Code.

Heads of border-guard stations in remote and deep-lying areas have the powers provided in Clause 1 of this Article. The Government shall prescribe border-guard stations in remote and deep-lying areas.

3. The director of the Border-Guard Reconnaissance Department, director of the Drug and

Crime Prevention and Control Department, head of the Drug and Crime Prevention and Control Task Force, commanders of the provincial-level border-guard commands, commanders of port border-gate border-guard offices and heads of border-guard stations shall directly organize and direct the investigating activities according to their competence, decide to appoint or replace their deputies in the investigation into criminal cases, inspect investigating activities, decide to alter or cancel groundless and illegal decisions of their deputies, settle complaints and denunciations in accordance with the Criminal Procedure Code.

When the director of the Border-Guard Reconnaissance Department, director of the Drug and Crime Prevention and Control Department, head of the Drug and Crime Prevention and Control Task Force, commanders of the provincial-level border-guard commands, commanders of port border-gate border-guard offices and heads of border-guard stations are absent, one of their respective deputies may be authorized to exercise the powers of their heads provided in Clause 2 of this Article and shall take responsibility before their heads and law for the assigned tasks.

4. When assigned to investigate criminal cases, a deputy director of the Border-Guard Reconnaissance Department, deputy director of the Drug and Crime Prevention and Control Department, deputy head of the Drug and Crime Prevention and Control Task Force, deputy commanders of provincial-level border-guard commands, deputy commanders of port border- gate border-guard offices and deputy heads of border-guard stations may apply the investigating measures prescribed in Clause 1 of this Article.

5. The director and deputy director of the Border-Guard Reconnaissance Department, director and deputy director of the Drug and Crime Prevention and Control Department, director and deputy head of the Drug and Crime Prevention and Control Task Force, commanders and deputy commanders of provincial-level border-guard commands, commanders and deputy commanders of port border-gate border-guard offices and heads and deputy heads of border- guard stations shall be held responsible before law for their acts and decisions.

Article 33. Investigating tasks and powers of customs offices

1. If customs offices detect the crimes prescribed at Articles 188, 189 and 190 of the Penal Code when performing their tasks in the fields under their management, the director of the Anti-Smuggling Investigation Department, director of the Post-Custom Clearance Inspection Department, directors of provincial-level and inter-provincial customs departments, heads of border-gate customs sub-departments have the following tasks and powers:

a/ For flagrant delicto less serious crimes with clear evidences and life stories of offenders, to decide to institute criminal cases, take testimonies, seize, hold in custody and preserve material evidences and documents directly related to the cases, search bodies and places where goods are kept in areas under the customs control, to solicit expert examination when necessary, institute proceedings against the accused, take other investigating measures prescribed in the Criminal Procedure Code, conclude investigations and transfer case files to competent procuracies within one month after the issuance of decisions to institute the cases;

b/ For serious, very serious or particularly serious crimes or less serious but complicated crimes, to decide to institute criminal cases, take testimonies, seize, hold in custody and preserve material evidences and documents directly related to the cases, search bodies and places where goods are kept in areas under the customs control, transfer the case files to competent investigating bodies within 7 days after the issuance of decisions to institute the cases.

2. The director of the Anti-Smuggling Investigation Department, director of the Post- Custom Clearance Inspection Department, directors of provincial-level and inter-provincial customs departments, heads of border-gate customs sub-departments shall directly organize and direct investigating activities, decide to appoint or replace their respective deputies in the investigation into criminal cases, inspect investigating activities, decide to replace or cancel groundless and illegal decisions of their deputies, and settle complaints and denunciations in accordance with the Criminal Procedure Code.

When the director of the Anti-Smuggling Investigation Department, director of the Post- Custom Clearance Inspection Department, directors of provincial-level and inter-provincial customs departments, heads of border-gate customs sub-departments are absent, one of their deputies may be authorized to exercise their powers provided in this Clause and take responsibility before their heads and law for their assigned tasks.

3. When assigned to investigate criminal cases, deputy directors of the Anti-Smuggling Investigation Department, deputy directors of the Post-Custom Clearance Inspection Department, deputy directors of provincial-level and inter-provincial customs departments, and deputy heads of border-gate customs sub-departments may apply the investigating measures prescribed in Clause 1 of this Article.

4. The director and deputy directors of the Anti-Smuggling Investigation Department, director and deputy directors of the Post-Custom Clearance Inspection Department, directors and deputy directors of provincial-level and inter-provincial customs departments, heads and deputy heads of border-gate customs sub-departments shall be held responsible before law for their acts and decisions.

Article 34. Investigating tasks and powers of forest protection offices

1. If forest protection offices detect the crimes prescribed in Articles 232, 243, 244, 245, 313 and 345 of the Penal Code when performing their tasks in the fields under their management, the director of the Forest Protection Department, directors of regional forest protection sub-departments, directors of forest protection sub-departments, heads of district-level forest protection sections have the following tasks and powers:

a/ For flagrant delicto less serious crimes with clear evidences and life stories of offenders, to decide to institute the cases, investigate crime scenes, conduct search, take testimonies, seize, hold in custody and preserve material evidences and documents directly related to the cases, to solicit expert examination when necessary, to institute proceedings against the accused, apply other investigating measures prescribed in the Criminal Procedure Code, conclude investigations and transfer the case files to competent procuracies within one month after the issuance of decisions to institute the cases;

b/ For serious, very serious or particularly serious crimes or less serious but complicated crimes, to decide to institute the cases, investigate crime scenes, conduct searches, take testimonies, seize, hold in custody and preserve material evidences and documents directly related to the cases, to transfer case files to competent investigating bodies within 7 days after the issuance of decisions to institute the cases.

2. The director of the Forest Protection Department, directors of regional forest protection sub-departments, directors of forest protection sub-departments, heads of district-level forest protection sections shall directly organize and direct investigating activities, decide to appoint or replace their respective deputies in the investigation into criminal cases, inspect investigating activities, decide to replace or cancel groundless and illegal decisions of their deputies, settle complaints and denunciations in accordance with the Criminal Procedure Code.

When the director of the Forest Protection Department, directors of regional forest protection sub-departments, directors of forest protection sub-departments, heads of district-level forest protection sections are absent, one of their respective deputies may be authorized to exercise their powers provided in this Clause and take responsibility before their heads and law for the assigned tasks.

3. When assigned to investigate criminal cases, a deputy director of the Forest Protection Department, deputy directors of regional forest protection sub-departments, deputy directors of forest protection sub-departments, deputy heads of district-level forest protection sections may apply the investigating measures prescribed in Clause 1 of this Article.

4. The director and deputy directors of the Forest Protection Department, directors and deputy directors of regional forest protection sub-departments, directors and deputy directors of forest protection sub-departments, heads and deputy heads of district-level forest protection sections shall be held responsible before law for their acts and decisions.

Article 35. Investigating tasks and powers of the Marine Police

1. If marine police units, when performing tasks in the fields under their respective management, detect the crimes prescribed in Chapter XIII and Articles 188, 189, 227, 235, 236, 237, 242, 249, 250, 251, 252, 253, 254, 272, 273, 282, 284, 303, 304, 305, 309, 311, 346, 347 and 348 of the Penal Code, which occur in the sea areas and continental shelf of the Socialist Republic of Vietnam managed by the Marine Police, the persons specified in Clause 2 of this Article have the following tasks and powers:

a/ For flagrant delicto less serious crimes with clear evidences and life stories of offenders, to decide to institute the criminal cases, investigate crime scenes, conduct searches, take testimonies, seize, hold in custody and preserve material evidences and documents directly related to the cases, solicit expert examination when necessary, institute proceedings against the accused, apply other investigating measures prescribed in the Criminal Procedure Code, conclude investigations and transfer case files to competent procuracies within one month after the issuance of decisions to institute the cases;

b/ For serious, very serious or particularly serious crimes or less serious but complicate crimes, to decide to institute criminal cases, investigate crime scenes, conduct searches, seize, hold in custody and preserve material evidences and documents directly related to the settlement, take testimonies, solicit expert examination when necessary, and transfer case files to competent investigating bodies within 7 days after the issuance of decisions to institute the cases;

c/ To apply deterrent and coercive measures prescribed in the Criminal Procedure Code.

2. The Marine Police Commander, regional marine police commanders, director of the Operation and Law Department, fleet commanders, flotilla commanders and marine police operation team leaders have the powers provided in Clause 1 of this Article.

The head of the Drug-Related Crime Prevention and Control Task Force has the powers provided in Clause 1 of this Article with regard to the crimes prescribed in Articles 249, 250, 251, 252, 253 and 254 of the Penal Code.

3. The Marine Police Commander, regional marine police commanders, director of the Operation and Law Department, head of the Drug-Related Crime Prevention and Control Task Force, fleet commanders, flotilla commanders and marine police operation team leaders shall directly organize and direct investigating activities according to their competence, decide to appoint or replace their respective deputies in the investigation into criminal cases, inspect investigating activities, decide to alter or cancel groundless and illegal decisions of their deputies, settle complaints and denunciations in accordance with the Criminal Procedure Code.

When the Marine Police Commander, regional marine police commanders, director of the Operation and Law Department, head of the Drug-Related Crime Prevention and Control Task Force, fleet commanders, flotilla commanders and marine police operation team leaders are absent, one of their respective deputies may be authorized to exercise the powers of their commanders or leaders provided in this Clause and shall take responsibility before their commanders or leaders and law for the assigned tasks.

4. When assigned to investigate criminal cases, Marine Police Deputy Commanders, regional marine police deputy commanders, deputy directors of the Operation and Law Department, deputy heads of the Drug-Related Crime Prevention and Control Task Force, fleet deputy commanders, flotilla deputy commanders and marine police operation team deputy leaders may apply the investigating measures defined at Clause 1 of this Article.

5. The Marine Police Commander and Deputy Commanders, regional marine police commanders and deputy commanders, director and deputy directors of the Operation and Law Department, head and deputy heads of the Drug-Related Crime Prevention and Control Task Force, fleet commanders and deputy commanders, flotilla commanders and deputy commanders and marine police operation team leaders and deputy leaders shall be held responsible before law for their acts and decisions.

Article 36. Investigating tasks and powers of the Fisheries Surveillance

1. If fisheries surveillance offices, when performing their tasks in the fields under their management, detect the crimes prescribed in Articles 111, 242, 244, 245, 246, 305 and 311 of the Penal Code, which occur in the sea areas and continental shelf of the Socialist Republic of Vietnam managed by the Fisheries Surveillance, the director of the Fisheries Surveillance Department and directors of regional fisheries surveillance sub-departments have the following tasks and powers:

a/ For flagrant delicto less serious crimes with clear evidences and life stories of offenders, to decide to institute criminal cases, investigate crime scene, conduct searches, take testimonies, seize, hold in custody and preserve material evidences and documents directly related to the cases, solicit expert examination when necessary, institute proceedings against the accused, apply other investigating measures prescribed in the Criminal Procedure Code, conclude investigations and transfer case files to competent procuracies within one month after the issuance of decisions to institute the cases;

b/ For serious, very serious or particularly serious crimes or less serious but complicated crimes, to decide to institute criminal cases, investigate crime scenes, conduct searches, take testimonies, seize, hold in custody and preserve material evidences and documents directly related to the cases, transfer the case files to competent investigating bodies within 7 days after the issuance of decisions to institute the cases;

c/ To apply deterrent and coercive measures in accordance with the Criminal Procedure Code.

2. The director of the Fisheries Surveillance Department and directors of regional fisheries surveillance sub-departments shall directly organize and direct investigating activities, decide to appoint or replace their respective deputies in the investigation into criminal cases, inspect investigating activities, decide to alter or cancel groundless and illegal decisions of their deputies, settle complaints and denunciations in accordance with the Criminal Procedure Code.

When the director of the Fisheries Surveillance Department and directors of regional fisheries surveillance sub-departments are absent, one of their deputies may be authorized to exercise the powers of their heads provided in this Clause and take responsibility before their heads and law for the assigned tasks.

3. When assigned to investigate criminal cases, deputy directors of the Fisheries Surveillance Department and deputy directors of regional fisheries surveillance sub-departments may apply investigating measures prescribed in Clause 1 of this Article.

4. The director and deputy directors of the Fisheries Surveillance Department and directors and deputy directors of regional fisheries surveillance sub-departments shall be held responsible before law for their acts and decisions.

Article 37. Investigating tasks and powers of bodies of the security force in the People’s Public Security which are tasked to conduct a number of investigating activities

1. If detecting signs of crimes under the investigating jurisdiction of the investigating security offices of the People’s Public Security while performing their tasks, the department directors and section heads of the security offices defined in Clause 6, Article 9 of this Law shall decide to institute criminal cases, take testimonies, investigate crime scenes, conduct searches, seize, hold in custody and preserve the material evidences and documents directly related to the cases, transfer the case files to competent investigating security offices within 7 days after the issuance of decisions to institute the cases.

Security teams of district-level public security sections detecting signs of crimes under the investigating jurisdiction of the investigating security offices of provincial-level Public Security Departments while performing their tasks shall immediately arrest run-away offenders, take testimonies, seize, hold in custody and preserve material evidences and documents directly related to the cases and promptly report them to the investigating security offices of provincial- level Public Security Departments.

2. The department directors and section heads defined in Clause 1 of this Article shall directly organize and direct investigating activities, decide to appoint or replace their respective deputies in the investigation into criminal cases, inspect investigating activities, decide to alter or cancel groundless and illegal decisions of their deputies, settle complaints and denunciations in accordance with the Criminal Procedure Code.

When department directors and section heads are absent, one of their deputies may be authorized to exercise the powers defined in this Clause and take responsibility before them and law for the assigned tasks.

3. When assigned to investigate criminal cases, department deputy directors and section deputy heads may apply the investigating measures prescribed in Clause 1 of this Article.

4. Department directors and deputy directors, section heads and deputy section heads shall be held responsible before law for their acts and decisions.

Article 38. Investigating tasks and powers of bodies of the police force in the People’s Public Security which are tasked to conduct a number of investigating activities

1. If detecting signs of crimes under the investigating jurisdiction of the investigating police offices while performing their tasks, department directors, directors, section heads and prison superintendents of the police offices defined at Clause 6, Article 9 of this Law shall decide to institute criminal cases, take testimonies, investigate crime scenes, conduct searches, seize, hold in custody and preserve material evidences and documents directly related to the cases, and transfer the case files to competent investigating police offices within 7 days after the issuance of decisions to institute the cases.

Where offenders escape from prisons, prison superintendents shall issue decisions to arrest and organize forces to arrest escapers.

2. Department directors, directors, section heads and prison superintendents defined in Clause 1 of this Article shall directly organize and direct investigating activities, decide to appoint or replace their respective deputies in the investigation into criminal cases, inspect investigating activities, decide to alter or cancel groundless and illegal decisions of their deputies, settle complaints and denunciations in accordance with the Criminal Procedure Code.

When department directors, directors, section heads or prison superintendents are absent, one of their respective deputies may be authorized to exercise the powers provided in this Clause and take responsibility before them and law for the assigned tasks.

3. When assigned to investigate criminal cases, department deputy directors, deputy directors, section deputy heads and prison deputy superintendents may apply the investigating measures prescribed in Clause 1 of this Article.

4. Department directors and deputy directors, directors and deputy directors, section heads and deputy heads, prison superintendents and deputy superintendents shall be held responsible before law for their acts and decisions.

Article 39. Investigating tasks and powers of other bodies in the People’s Army which are tasked to conduct a number of investigating activities

1. If prison superintendents, while performing their tasks, detect signs of crimes which fall under the investigating jurisdiction of the criminal investigation bodies and are serious enough for penal liability examination, they shall decide to institute criminal cases, investigate crime scenes, take testimonies, conduct searches, seize, hold in custody and preserve material evidences and documents directly related to the cases, transfer the case files to competent investigating bodies within 7 days after the issuance of decisions to institute the cases.

If offenders escape from prisons, prison superintendents shall issue decisions to arrest and organize forces to arrest escapers.

When prison superintendents are absent, one of their deputies may be authorized to exercise the powers provided in this Clause and take responsibility before them and law for the assigned tasks.

2. Heads of independent units at the regiment and equivalent level, when detecting criminal acts which fall under the investigating jurisdiction of the investigating bodies in the People’s Army and occur in areas where their units are stationed, may make written records on flagrant delicto crimes, take testimonies, conduct searches, seize, hold in custody and preserve material evidences and documents related to criminal acts, apply deterrent measures in accordance with the Criminal Procedure Code, and transfer the case file to competent investigating bodies within 7 days after the issuance of decisions to institute the cases.

When heads of independent units at the regiment or equivalent level are absent, one of their deputies may be authorized to exercise the powers provided in this Clause and take responsibility before them and law for the assigned tasks.

3. Prison superintendents and deputy superintendents, heads and deputy heads of independent units at the regiment and equivalent level shall be held responsible before law for their acts and decisions.