Chapter VII
HEADS AND DEPUTY HEADS OF INVESTIGATING BODIES, INVESTIGATORS AND INVESTIGATING OFFICERS
Article 45. Investigators
1. Investigators are persons appointed to perform the criminal investigation task.
2. Investigators are divided into the following grades:
a/ Primary investigators;
b/ Intermediate investigators;
c/ Senior investigators.
Article 46. General criteria of an investigator
1. Being a Vietnamese citizen and loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam, possessing good ethical quality, being righteous and honest, having a firm political stuff and spirit of resolutely defending the socialist legislation.
2. Possessing a security university, police university, law bachelor or higher degree.
3. Having worked in a law-related field in accordance with this Law.
4. Having been professionally trained in investigation.
5. Being physically fit for the performance of assigned tasks.
Article 47. Criteria for appointment of primary investigators
A person who satisfies the criteria prescribed in Article 46 of this Law, is an active-service officer of the People’s Public Security or People’s Army or a people’s procuracy and fully meets the following conditions can be appointed as a primary investigator:
1. Having worked in a law-related field for 4 years or more;
2. Being capable of investigating cases involving less serious or serious crimes;
3. Having passed recruitment examinations for the grade of primary investigators.
Article 48. Criteria for appointment of intermediate investigators
1. A person who fully satisfies the criteria prescribed in Article 46 of this Law and the following conditions can be appointed as an intermediate investigator:
a / Having worked as a primary investigator for at least 5 years;
b/ Being capable of investigating cases involving very serious or particularly serious crimes;
c/ Being able to guide investigating activities of primary investigators;
d/ Having passed the examination for the grade of intermediate investigators.
2. To meet the personnel demand of investigating bodies, persons who fully meet the criteria prescribed in Article 46 of this Law, Points b, c and d, Clause 1 of this Article, and have worked in law-related fields for at least 9 years may be appointed as intermediate investigators.
Article 49. Criteria for appointment of senior investigators
1. A person who fully satisfies the criteria prescribed in Article 46 of this Law and fully meet the following conditions can be appointed as a senior investigator:
a/ Having worked as an intermediate investigator for at least 5 years;
b/ Being capable of investigating cases involving very serious, particularly serious or complicated crimes;
c/ Being capable of studying, synthesizing and proposing measures to prevent and control crimes;
d/ Being able to guide investigating activities of primary investigators and intermediate investigators;
dd/ Having passed the examination for the grade of senior investigators.
2. To meet the personnel demand of investigating bodies, persons who fully satisfy the criteria prescribed in Article 46 of this Law, Points b, c, d and dd, Clause 1 of this Article, and have worked in law-related fields for at least 14 years may be appointed as senior investigators.
Article 50. Appointment of investigators in special cases
In special cases, persons who are transferred by competent agencies or organizations to work in investigating bodies and fully satisfy the criteria prescribed in Clauses 1, 2 and 5 of Article 46; Points b and c, Clause 1 of Article 48; and Points b, c and d, Clause 1, Article 49 of this Law though having not yet been professionally trained in investigation and having not yet worked for the period prescribed at Point a, Clause 1, Articles 48 and 49 of this Law may be appointed as intermediate or senior investigators.
Article 51. Term of office of investigators
The term of office of an investigator appointed for the first time is 5 years; in case of reappointment or grade promotion, his/her term of office is 10 years.
Article 52. Tasks, powers and responsibilities of heads and deputy heads of investigating bodies
1. Heads of investigating bodies have the following tasks and powers:
a/ To direct, administer and inspect the performance of tasks and implementation of working plans, decide on matters related to activities of their investigating bodies; to take responsibility for, and report on, his/her work performance to heads of superior investigating bodies;
b/ To direct and organize final reviews of criminal investigation activities of their investigating bodies and of subordinate investigating bodies;
c/ To direct, guide and inspect investigating operations of subordinate investigating bodies;
d/ To decide on assigning their deputy heads, investigators and investigating officers to settle denunciations and reports on crimes, propose the institution of criminal cases and investigate criminal cases; to inspect the settlement of denunciations and reports on crimes, proposal on the institution of criminal cases and investigation by their deputies and investigators;
dd/ To decide on change or cancellation of groundless and illegal decisions of their deputies and investigators; to decide on change of investigators;
e/ To settle complaints and denunciations falling under the jurisdiction of their investigating bodies;
g/ To perform other tasks and powers provided by law.
When they are absent, one of their deputies may be authorized to perform their tasks and exercise their powers and take responsibility before them for the authorized tasks.
2. When investigating criminal cases, heads and deputy heads of investigating bodies shall perform the tasks and exercise the powers provided by the Criminal Procedure Code.
3. Heads and deputy heads of investigating bodies shall be held responsible before law for their acts and decisions.
Article 53. Tasks, powers and responsibilities of investigators
1. Investigators may conduct examining and verifying activities and investigating activities under the jurisdiction of their investigating bodies as assigned by heads or deputy heads of their investigating bodies.
2. Investigators shall perform tasks and exercise powers in accordance with the Criminal Procedure Code when they are assigned to settle denunciations and reports on crimes, propose the institution of criminal cases and investigate criminal cases.
3. Investigators have the following responsibilities:
a/ To apply measures prescribed by the Criminal Procedure Code and other relevant laws in order to investigate and find the truth of cases in an objective, comprehensive and adequate manner;
b/ To abide by law and submit to personal direction by heads or deputy heads of investigating bodies;
c/ To refuse conducting procedure or get changed in the cases prescribed by the Criminal Procedure Code;
d/ To abide by the regulations on things not to be done by cadres, civil servants or officers and soldiers of the people’s armed forces.
4. Investigators shall be held responsible before law and heads and deputy heads of their investigating bodies for their acts and decisions.
Article 54. Things not to be done by investigators
1. Things prescribed by law not to be done by cadres, civil servants or officers and soldiers of the people’s armed forces.
2. Provision of consultancy to arrestees, persons held in custody, the accused, defendants, involved parties or other procedure participants, thereby making the settlement of cases or matters unlawful.
3. Interference in the settlement of cases or matters or abuse of their influence on persons in charge of settlement of cases or matters.
4. Bringing case files or documents out of their offices not for the assigned tasks or without approval of competent persons.
5. Reception of the accused, defendants, involved parties or other procedure participants involved in cases or matters under their settling jurisdiction outside prescribed places.
Article 55. Examination councils for selection of primary investigators, intermediate investigators, senior investigators
1. Examination councils for selection of senior investigators, intermediate investigators and primary investigators in the People’s Public Security are provided as follows:
a/ The examination council for selection of senior investigators in the People’s Public Security and intermediate investigators and primary investigators in the investigating bodies of the Ministry of Public Security is composed of its chairperson being a Deputy Minister of Public Security as appointed by the Minister of Public Security, and members being representatives of the leaderships of the Political General Department of the Public Security Force, the Investigating Police Office, the Investigating Security Office, the Organization and Personnel Department, the Legal Affairs, Administrative and Judicial Reform Department of the Ministry of Public Security;
b/ An examination council for selection of intermediate investigators and primary investigators in the investigating offices of the provincial-level public security departments and the investigating police offices of district-level public security sections is composed of its chairperson being the director of the provincial-level public security department and members being representatives of the leaderships of the investigating police office, the investigating security office, the organization and personnel section and the legal affairs, administrative and judicial reform section or the staff section of the provincial-level public security department;
c/ Lists of members of examination councils for selection of investigators in the People’s Public Security shall be decided by the Minister of Public Security at the request of the examination council chairpersons.
2. The examination council for selection of investigators in the People’s Army is composed of its chairperson being a Deputy Minister of National Defense appointed by the Minister of National Defense and its members being representatives of the leaderships of the Political General Department of the Vietnam People’s Army, the Criminal Investigation Office, the Investigating Security Office, the Personnel Department and the Legal Department of the Ministry of National Defense.
The list of members of the examination council for selection of investigators in the People’s Army shall be decided by the Minister of National Defense at the request of the examination council chairperson.
3. The examination council for selection of investigators in the Supreme People’s Procuracy is composed of its chairperson being a Deputy Procurator General of the Supreme People’s Procuracy appointed by the Procurator General of the Supreme People’s Procuracy and its members being representatives of the Procuracy Committee and the leaderships of the Central Military Procuracy, the Investigating Office and the Organization and Personnel Department of the Supreme People’s Procuracy.
The list of members of the examination council for selection of investigators in the Supreme People’s Procuracy shall be decided by the Procurator General of the Supreme People’s Procuracy at the request of the examination council chairperson.
4. Examination councils for selection of primary investigators, intermediate investigators or senior investigators have the following tasks and powers:
a/ To organize examinations for selection of primary investigators, intermediate investigators or senior investigators;
b/ To announce lists of persons who pass examinations;
c/ To request competent authorities to appoint persons who pass examinations as primary investigators, intermediate investigators or senior investigators.
5. Working regulations of examination councils for selection of primary investigators, intermediate investigators and senior investigators of the People’s Public Security shall be prescribed by the Minister of Public Security, of the People’s Army by the Minister of National Defense, and of the Supreme People’s Procuracy by the Procurator General of the Supreme People’s Procuracy.
Article 56. Appointment, relief from office and dismissal of investigators
1. The appointment, relief from office and dismissal of, and the grant and revocation of investigator certificates to, investigators in the People’s Public Security shall be prescribed by the Minister of Public Security, in the People’s Army by the Minister of National Defense, and in the Supreme People’s Procuracy by the Procurator General of the Supreme People’s Procuracy.
2. Investigators shall automatically be relieved from the title of investigator when they retire or are transferred to other jobs.
Investigators may be relieved from the title of investigator for poor health, family circumstances or other reasons, for which they are deemed unable to perform their assigned tasks.
3. Investigators shall automatically be stripped off the title of investigator when they are convicted under legally effective court judgments or are subject to the disciplining form of stripping off the People’s Public Security title or People’s Army officer rank or forced resignation.
4. Depending on the nature and severity of their violations, investigators may be stripped off the title of investigator if their violations fall into one of the following cases:
a/ Being committed in the investigation into criminal cases;
b/ Being in violation of the provisions of Article 14 of this Law;
c/ Being subject to the disciplining form of dismissal in accordance with the law on cadres and civil servants;
d / Being in violation of the regulations on ethical quality.
Article 57. Appointment, relief from office and dismissal of heads and deputy heads of investigating bodies
1. Senior investigators or intermediate investigators who are capable of organizing and directing investigating activities may be appointed as heads or deputy heads of investigating bodies.
2. The appointment, relief from office and dismissal of, and grant and revocation of certificates to, heads and deputy heads of investigating bodies in the People’s Public Security shall be prescribed by the Minister of Public Security, in the People’s Army by the Minister of National Defense, in the Supreme People’s Procuracy by the Procurator General of the Supreme People’s Procuracy.
Article 58. Service age limits of investigators
1. The highest service age of investigators who are officers in the People’s Public Security or the People’s Army must comply with the Law on People’ Public Security or Law on Officers of the Vietnam People’s Army. The retirement age of investigators of the Supreme People’s Procuracy must comply with the Labor Code.
2. Where it is so demanded by the investigating bodies of the People’s Public Security or People’s Army, investigators who possess good qualities, professional qualifications and skills and are physically fit and willing may serve beyond the retirement age prescribed by the Minister of Public Security or Minister of National Defense but not beyond 60 years for men and 55 years old for women, except for female officers of the general rank.
Article 59. Investigating officers
1. Investigating officers of the investigating bodies are prescribed as follows:
a/ Persons who fully satisfy the criteria prescribed in Clauses 1, 2, 3 and 5, Article 46 of this Law may be appointed as investigating officers to assist investigators in conducting a number of criminal investigation activities;
b/ The appointment and relief from office of, and grant and revocation of certificates to, investigating officers in the People’s Public Security shall be prescribed by the Minister of Public Security, in the People’s Army by the Minister of National Defense, and in the Supreme People’s Procuracy by the Procurator General of the Supreme People’s Procuracy;
c/ They shall perform the tasks and exercise the powers prescribed by the Criminal Procedure Code and this Law.
2. When investigating cases, heads of the agencies tasked to conduct a number of investigating activities shall assign persons in their agencies or units to work as investigating officers to assist them in performing the investigating tasks and exercising the investigating powers prescribed by the Criminal Procedure Code and this Law. Investigating officers shall perform the tasks and exercise the powers prescribed by the Criminal Procedure Code and this Law.
3. Investigating officers take responsibility before investigators, heads of investigating bodies, heads of agencies tasked to conduct a number of investigating activities and law for the performance of their tasks and exercise of their powers.
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Luật Tổ chức cơ quan điều tra hình sự 2015 (Bản Pdf)
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