Chapter I
GENERAL PROVISIONS
Article 1.- Investigating agencies
1. The People's Police has the following investigating agencies:
a) The investigating police agency of the Ministry of Public Security; the investigating police agencies of the Police Departments of the provinces and centrally-run cities (hereinafter called collectively the investigating police agencies of the provincial-level Police Departments); the investigating police agencies of the Police Sections of rural districts, urban districts, provincial capitals, provincial cities (hereinafter called collectively the investigating police agencies of the district-level Police Sections);
b) The investigating security agency of the Ministry of Public Security; the investigating security agencies of the Police Departments of the provinces and centrally-run cities (hereinafter called collectively the investigating security agencies of the provincial-level Police Departments).
2. The People's Army has the following investigating bodies:
a) The criminal investigation agency of the Ministry of Defense; the criminal investigation agencies of military zones and the equivalent; the regional criminal investigation agencies;
b) The investigating security agency of the Ministry of Defense; the investigating security agencies of military zones and the equivalent.
3. The Supreme People's Procuracy has the following investigating agencies:
a) The investigating agency of the Supreme People's Procuracy;
b) The investigating agencies of the Central Military Procuracy.
4. The investigating agencies are composed of their heads, deputy-heads and investigators.
Article 2.- Agencies tasked to conduct a number of investigating activities
The agencies tasked to conduct a number of investigating activities include the Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of the People's Police or the People's Army, as defined in Articles 19, 20, 21, 22, 23, 24 and 25 of this Ordinance.
Article 3.- Tasks of the investigating agencies
The investigating agencies shall conduct investigation of all offenses, apply every measure prescribed by the Criminal Procedure Code in order to identify crimes and persons who have committed criminal acts, compile files, propose case institution; find the causes, conditions of committing crimes and request the concerned agencies and organizations to apply remedial and preventative measures.
Article 4.- Investigating tasks of the agencies tasked to conduct a number of investigating activities
1. The Border Guard, the Customs, the Ranger, the Coast Guard, if detecting criminal acts serious enough to be examined for penal liability while performing tasks in their respective management domains, shall conduct the investigating activities as provided for in Articles 19, 20, 21 and 22 of this Ordinance.
2. Other agencies of the People's Police, the People's Army, which are tasked to conduct a number of investigating activities, if detecting matters showing criminal signs while performing their tasks, shall be entitled to institute the cases, conduct initial investigating activities and transfer the files to the competent investigating bodies as provided for in Articles 23, 24 and 25 of this Ordinance.
Article 5.- Principles for investigating activities
1. Only the investigating bodies and agencies tasked to conduct a number of investigating activities, which are defined in this Ordinance, can investigate criminal cases. All investigating activities must comply with the provisions of the Criminal Procedure Code and this Ordinance.
2. Investigating activities must respect the truths, be carried out in an objective, comprehensive and adequate manner; accurately and promptly detect every criminal act, clarify evidences proving guilty and evidences proving not guilty, circumstances that aggravate and extenuate the penal liability of offenders without omitting criminals and doing injustice to innocent people.
3. The subordinate investigating agencies submit to the professional guidance and directions of the superior investigating agencies.
Article 6.- Responsibilities of the procuracies in investigating activities
The procuracies supervise the law observance in investigating activities in order to ensure that the investigating activities of the investigating agencies, the Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of the People's Police or the People's Army which are tasked to conduct a number of investigating activities comply with the provisions of the Criminal Procedure Code and this Ordinance.
The procuracies must detect in time and request the investigating agencies, the Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of the People's Police or the People's Army which are tasked to conduct a number of investigating activities to address law violations in investigating activities; grant and withdraw certificates of counsels for cases accepted for investigation by the Border Guard, the Customs, the Ranger, the Coast Guard or other agencies of the People's Army which are tasked to conduct a number of investigating activities.
The investigating agencies, the Border Guard, the Customs, the Ranger, the Coast Guard and other agencies of the People's Police or the People's Army which are tasked to conduct a number of investigating activities must act upon the requests and decisions of the procuracies as provided for in the Criminal Procedure Code.
Article 7.- Responsibilities of agencies, organizations and citizens in investigating activities
1. Organizations and citizens have the right and obligation to detect and denounce criminal acts, have the responsibility to act upon the requests of, and create conditions for, the investigating agencies, the Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of the People's Police or the People's Army which are tasked to conduct a number of investigating activities, the heads and deputy-heads of investigating agencies, investigators, the heads and deputy-heads of agencies tasked to conduct a number of investigating activities to perform their investigating tasks.
2. Within the scope of their respective responsibilities, the State agencies must inform the investigating agencies of all criminal acts having happened in their offices and management domains; have the right to propose and send relevant documents to the investigating agencies for considering the institution of cases against offenders; have the responsibility to act upon the requests of, and create conditions for, the investigating agencies, the Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of the People's Police or the People's Army which are tasked to conduct a number of investigating activities, the heads and deputy-heads of investigating agencies, investigators, the heads and deputy-heads of agencies tasked to conduct a number of investigating activities to perform their investigating tasks.
3. Within the scope of their responsibilities, the investigating agencies must consider and handle reported information and denunciations on offenders, propose case institution, notify the handling results to agencies or organizations which have supplied the information or petitions and the persons who have denounced the offenders, and must apply necessary measures to protect the denouncers.
Article 8.- Supervision by agencies, organizations, people-elected deputies over investigating activities of the investigating agencies, the Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of the People's Police or the People's Army which are tasked to conduct a number of investigating activities
The state agencies, the Vietnam Fatherland Front Committees and member organizations of the Front, people-elected deputies have the rights to supervise the investigating activities of the investigating agencies, the Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of the People's Police or the People's Army which are tasked to conduct a number of investigating activities, the heads and deputy-heads of the investigating agencies, investigators, the heads and deputy-heads of agencies tasked to conduct a number of investigating activities.
In case of detecting illegal acts in investigating activities, the state agencies and people-elected deputies may request and the Vietnam Fatherland Front Committees and member organizations of the Front may propose the competent agencies to consider and handle them according to the provisions of the Criminal Procedure Code. Within the scope of their responsibilities, the investigating agencies, the Border Guard, the Customs, the Ranger, the Coast Guard, other agencies of the People's Police or the People's Army which are tasked to conduct a number of investigating activities must consider and settle them and notify the settlement results to the agencies and persons that have made the requests or proposals.
Tìm kiếm
Pháp lệnh 23/2004/PL-UBTVQH11 (Bản Word)